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STATE v. RANDALL

No. 50852.

386 S.W.2d 67 (1964)

STATE ex rel. Charles W. KEELING, Relator, v. Honorable Alvin C. RANDALL and Honorable John H. Lucas, Judges of the Circuit Court of Jackson County, Missouri, Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied January 11, 1965.

Attorney(s) appearing for the Case

Roy A. Larson, Jr., Kansas City, Sprinkle, Carter, Sprinkle & Larson, Kansas City, of counsel, for relator.

C. Thomas Carr, of Sheridan, Baty, Markey, Sanders, Edwards & Carr, Kansas City, for respondents.

HYDE, Judge.

Original proceeding in prohibition to prevent dismissal without prejudice of action by Patrick McNellis against relator for loss of his wife's services, which had been ordered consolidated with an action by his wife, Mary McNellis, against relator for personal injuries. After the cases were consolidated, Patrick McNellis filed a motion requesting the court to allow him to dismiss his action without prejudice; and the court indicated an intention to sustain...

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