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STATE v. CROSS

No. 46667.

314 S.W.2d 889 (1958)

STATE of Missouri ex rel. Edith SULLIVAN, Administratrix of the Estate of Richard Sullivan, deceased, and Theresa Plog, Administratrix of the Estate of Lorenzo Plog, deceased, Relators, v. The Honorable Gerald CROSS, Judge of the Circuit Court of Andrew County, Missouri, Respondent.

Supreme Court of Missouri, En Banc.

July 14, 1958.

Attorney(s) appearing for the Case

Deacy & Deacy, Thos. E. Deacy, Kansas City, Ewing & Beavers, Joe Beavers, Maryville, for relators.

John W. Newhart, Savannah, Solbert M. Wasserstrom, Kansas City, for respondent.

EAGER, Judge.

This is a proceeding in prohibition filed initially in this court. The preliminary rule was issued largely because of the decision in Brooks v. National Bank of Topeka, D.C.W.D.Mo., 152 F.Supp. 36. The facts may be briefly stated. One Charles R. Reed, a resident of Missouri, was killed in an automobile accident on Nov. 24, 1956, in Andrew County, Missouri; the occupants of the other car, which allegedly collided...

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