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RYAN v. CAMPBELL SIXTY-SIX EXPRESS

Nos. 44546, 44565.

276 S.W.2d 128 (1955)

James RYAN, Appellant, v. CAMPBELL SIXTY-SIX EXPRESS, Inc., a Corporation, Respondent. STATE ex rel. James RYAN, Relator, v. William H. KILLOREN, Judge of the Circuit Court of the Eighth Judicial Circuit of Missouri, Respondent.

Supreme Court of Missouri. En Banc.

March 14, 1955.

Attorney(s) appearing for the Case

William H. Becker, Robert C. Smith, Jr., Columbia, Roberts P. Elam, St. Louis, for James Ryan. Clark & Becker, Columbia, of counsel.

F. X. Cleary, C. M. Kirkham, Moser, Marsalek, Carpenter, Cleary & Carter, St. Louis, for respondents.

WESTHUES, Judge.

The above cases were consolidated by order of this court. Case No. 44546 is an appeal from an order in the Circuit Court of the City of St. Louis dismissing plaintiff's petition on the ground that the court lacked jurisdiction because a case was pending in the Circuit Court of Boone County, Missouri, involving the same issues. Case No. 44565 is a mandamus proceeding filed by plaintiff Ryan in this court asking this court to order the respondent judge...

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