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STATE EX REL. SISTERS OF ST. MARY v. CAMPBELL

No. 35784.

511 S.W.2d 141 (1974)

STATE of Missouri ex rel. SISTERS OF ST. MARY, a corporation, Relator, v. Hon. Robert Lee CAMPBELL, Judge of the Circuit Court, County of St. Louis, Division Fifteen, and His Successors as Judges of Said Division, Respondent.

Missouri Court of Appeals, St. Louis District, Division 1.

June 11, 1974.

Attorney(s) appearing for the Case

Moser, Marsalek, Carpenter, Cleary, Jaeckel, Keaney & Brown, St. Louis, for relator.

Shepherd & Weenick, Clayton, for respondent.

SIMEONE, Judge.

This is an original proceeding in prohibition in which the relator, Sisters of St. Mary, a corporation organized under the provisions of Chapter 352, RSMo, V.A.M.S. seeks to prohibit the respondent-judge "and his successors in office" from proceeding further in a cause of action for damages filed by Monty Smoot as plaintiff against the relator-defendant. Art. V, § 4, Mo.Const., V.A.M.S.

On July 6, 1973, Monty Smoot, husband of Sally A...

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