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STATE v. KELLY

No. 30471.

335 S.W.2d 493 (1960)

STATE of Missouri ex rel. C. F. JACOBS AND COMPANY, a Corporation, d/b/a A-Air Heating and Cooling Company, Relator, v. Honorable John J. KELLY, Jr., Presiding Judge of the Assignment Division of the Circuit Court of St. Louis County, Respondent.

St. Louis Court of Appeals, Missouri.

May 17, 1960.

Attorney(s) appearing for the Case

Schomburg & Marshall and James B. Herd, Brentwood, and Ralph Curry, St. Louis, for relator.

George J. Bagot, Clayton, for respondent.

SAM C. BLAIR, Special Judge.

This is an original action in prohibition to prohibit the respondent Judge from trying an action against the relator as a third-party defendant.

On or about January 9, 1957, Arthur and Lorene Meagher and Robert and Ellen Welch filed suit in the Circuit Court of St. Louis County, Cause No. 216247, against Bach Company, its agents and owners.

The plaintiffs' petition alleged that...

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