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STATE EX REL. GREEN v. KIMBERLIN

No. 58675.

517 S.W.2d 124 (1974)

STATE of Missouri ex rel. Paul GREEN, Relator, v. Honorable William M. KIMBERLIN, Judge of the Circuit Court of Cass County, Missouri, Division No. 1, Respondent.

Supreme Court of Missouri, En Banc.

December 16, 1974.

Attorney(s) appearing for the Case

John C. Milholland, A. J. Anderson, Harrisonville, for relator.

Patrick McLarney, David H. Clark, Shook, Hardy & Bacon, Kansas City, for respondent.

HOLMAN, Judge.

This is an original proceeding in prohibition in which relator seeks to prevent respondent judge from adjudicating a third-party petition wherein relator is designated as the third-party defendant. The case is here on transfer under Art. V, Sec. 10, Mo.Const.1945, V.A.M.S. upon certification by a judge of the Court of Appeals, Kansas City District, that the majority opinion filed in that court is contrary to and in conflict with prior decisions of the...

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