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STATE v. McLAUGHLIN

Nos. 46946, 46947.

318 S.W.2d 181 (1958)

STATE ex rel. Charles S. ROSEN, M.D., Relator, v. James E. McLAUGHLIN and Jean Kivos, Nicholas Kivos, Virginia Kivos, and Kathy Kivos, Respondents (two cases).

Supreme Court of Missouri, En Banc.

December 8, 1958.

Attorney(s) appearing for the Case

Adolph K. Schwartz, St. Louis, Chapman, Schwartz & Chapman, St. Louis, of counsel, for relator.

Marvin G. Marshall, St. Louis, for respondent.

DALTON, Judge.

This is an original proceeding in prohibition and an original proceeding in mandamus, the two proceedings have been ordered consolidated by this court. Relator alleged in his petitions for the respective writs that he had been unable to determine whether his proper remedy was prohibition or mandamus. Substantially the same facts are alleged in the two petitions and the returns filed by respondent to the respective petitions are substantially the same...

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