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STATE EX REL. HILLEARY AND PARTNERS, LTD. v. KELLY

No. 33505.

448 S.W.2d 926 (1969)

STATE of Missouri ex rel. HILLEARY AND PARTNERS, LTD., Noah's Ark Restaurants, Inc., Missouri Corporations, Relators, v. John J. KELLY, Judge, Division 7, Equity Division of the Circuit Court of St. Louis County, Missouri, Respondent.

St. Louis Court of Appeals. Missouri.

December 16, 1969.

Attorney(s) appearing for the Case

Brackman, Copeland, Oetting, Copeland, Walther & Schmidt, Clayton, for relators.

Boyle, Priest, Elliott & Weakley, Edward D. Weakley, St. Louis, Vatterott, Shaffar & Dolan, Charles H. Shaffar, St. Ann, for respondent.

DOERNER, Commissioner.

In this original proceeding relators initially seek to prohibit respondent from exercising jurisdiction over Count II of an amended petition filed in an action pending before the respondent in which Nark, Inc., a corporation, David B. Flavan, Jr., and John Flavan are the plaintiffs and the relators, together with Harry Hilleary, individually and as president of Hilleary and Partners, Ltd., are the defendants.

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