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STATE v. ROSE

No. 42376.

240 S.W.2d 705 (1951)

STATE ex rel. and to Use of MERINO et al. v. ROSE, Judge.

Supreme Court of Missouri, en Banc.

June 11, 1951.

Attorney(s) appearing for the Case

Hubert Fuller, Princeton, for relator, Joe Merino.

Russell N. Pickett, Eugene E. Andereck, Phil Hauck, and Pickett & Pickett, all of Trenton, for relator, Byron Russell.

R. Leroy Miller, Trenton, for respondent.

CONKLING, Judge.

Prohibition. Upon petition therefor we issued our preliminary rule prohibiting Honorable V. C. Rose, as Judge of the Circuit Court of Mercer County, from proceeding further as against Joe Merino in a certain cause pending in said circuit court wherein Merino (by a third-party petition permitted to be filed by an order of respondent) has been made a third-party defendant. This case presents for our ruling a question which arose under our third-party...

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