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STATE EX REL. JR. COLLEGE DIST. OF ST. LOUIS v. GODFREY

No. 33790.

465 S.W.2d 1 (1971)

STATE of Missouri, ex rel. the JUNIOR COLLEGE DISTRICT OF ST. LOUIS, ST. LOUIS COUNTY, Missouri, a body corporate and subdivision of the State of Missouri, Relator, v. The Honorable Michael F. GODFREY, Judge of Division No. 1 of the Circuit Court of the City of St. Louis, Missouri, Respondent.

St. Louis Court of Appeals, Missouri.

As Modified March 8, 1971.

Attorney(s) appearing for the Case

Armstrong, Teasdale, Kramer & Vaughan, Bruce E. Woodruff, Justin C. Cordonnier, Thomas E. Wack, St. Louis, for relator.

Lewis, Rice, Tucker, Allen & Chubb, Dominic Troiani, Joseph H. Weyhrich, St. Louis, for respondent.

BRADY, Presiding Judge.

This original proceeding for prohibition tests the jurisdiction of the trial court in "third-party practice".

Relator contracted with the Robert Paulus Construction Company to perform certain work on one of relator's campuses. Included in the contract was a provision for liquidated damages with respect to certain work in the event it was not finished on time. Paulus subcontracted with one Bodine, the original plaintiff in this action...

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