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STATE EX REL. GARRISON WAGNER CO. v. SCHAAF

No. 59109.

528 S.W.2d 438 (1975)

STATE ex rel. GARRISON WAGNER COMPANY, Relator, v. Honorable George E. SCHAAF and Honorable Franklin Ferriss, Judges of the Circuit Court of St. Louis County, Missouri, Respondents.

Supreme Court of Missouri, En Banc.

October 13, 1975.

Attorney(s) appearing for the Case

Smith, Hanke & Batts, St. Louis, for relator.

Robert G. Brady, Michael B. McKinnis, David S. Slavkin, St. Louis, for respondents; Bryan, Cave, McPheeters & McRoberts, St. Louis, of counsel.

HOLMAN, Judge.

This is an original proceeding in prohibition. Upon application of relator, the Missouri Court of Appeals, St. Louis District, issued a preliminary writ in prohibition. As hereinafter more fully detailed the issue involved is one of venue under the third-party practice as provided for in Rule 52.11(a), V.A.M.R. The question caused the court of appeals considerable difficulty (as it has this court) as indicated by the fact that it first adopted an opinion...

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