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STATE EX REL. COOPER v. CLOYD

No. 55441.

461 S.W.2d 833 (1971)

STATE of Missouri ex rel. Paul COOPER, Individually and as Trustee for Bernadine Quinn and Executor of the Purported Last Will of Margaret Tracy, Deceased, Relator, v. Honorable George W. CLOYD, Judge of Division 9 of the Circuit Court of the County of St. Louis, State of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

January 11, 1971.

Attorney(s) appearing for the Case

Bart Mantia, St. Louis, and Ben G. Landau, St. Louis, for relator.

David G. Dempsey, Clayton, for respondent.

BARDGETT, Judge.

This is an original action in prohibition filed in the St. Louis Court of Appeals wherein relator seeks to prohibit the respondent judge of the Circuit Court of St. Louis County from proceeding with a will contest.

The St. Louis Court of Appeals issued its preliminary writ and on final determination a majority of that court quashed the preliminary writ. One judge dissented in a separate dissenting opinion and certified that he believed the...

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