STATE EX REL. SLIBOWSKI v. KIMBERLIN

No. KCD 26781.

504 S.W.2d 237 (1973)

STATE ex rel. James SLIBOWSKI, Relator, v. Honorable William H. KIMBERLIN, Judge of Division No. 1, Circuit Court of Buchanan County, Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

December 31, 1973.


Attorney(s) appearing for the Case

Dale, Flynn & Bauman, Martin M. Bauman, St. Joseph, for relator.

Robert B. Randolph, St. Joseph, for respondent.

Before DIXON, C. J., and SHANGLER, PRITCHARD, SWOFFORD, WASSERSTROM and SOMERVILLE, JJ.


SHANGLER, Judge.

In this original proceeding in mandamus, relator, father of a minor child, seeks to compel respondent circuit judge to permit him to intervene in an action for the wrongful death of the child brought by the mother.

The facts are not in dispute. James Kevin Slibowski, the thirteen year old son of relator James Slibowski and Beverly Slibowski, was killed by accident. At the time of his death, his parents had been divorced for seven months and...

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