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STATE EX REL. BARTLETT AND COMPANY, GRAIN v. KELSO

No. KCD 26438.

499 S.W.2d 579 (1973)

STATE of Missouri ex rel. BARTLETT AND COMPANY, GRAIN, Relator, v. Honorable Hereford A. KELSO, Judge, Twenty-Eighth Judicial Circuit, State of Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

September 4, 1973.

Attorney(s) appearing for the Case

F. Philip Kirwan, Richard W. Mason, Jr., Kansas City, for relator; Margolin & Kirwan, Kansas City, of counsel.

Before DIXON, C. J., and PRITCHARD and SOMERVILLE, JJ.

SOMERVILLE, Judge.

This is an original proceeding in prohibition, wherein relator seeks to prohibit respondent from dismissing its petition to recover Fifteen Thousand Nine Dollars and Fifty Cents ($15,009.50) claimed owed by James Tiona, Sr. on a debit commodity futures trading account, unless relator joins American Automobile Insurance Company (hereinafter referred to as insurer) as a "party-plaintiff". A preliminary rule was

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