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STATE EX REL. WILSON FREIGHT CO. v. GEARY

No. 36628.

532 S.W.2d 880 (1976)

STATE of Missouri ex rel. WILSON FREIGHT COMPANY and Donald Wainscott, Relators, v. Honorable William A. GEARY, Circuit Court Judge of the City of St. Louis, State of Missouri, Respondent.

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

January 13, 1976.

Attorney(s) appearing for the Case

Strubinger, Dowd, Haseltine & Wilbers, William B. Haller, Leo V. Garvin, Jr., St. Louis, for relators.

James F. Koester, James J. Logan, St. Louis, for respondent.

McMILLIAN, Judge.

This is an original proceeding in prohibition to prevent the respondent judge of the City of St. Louis, Missouri, from taking, entering, or exercising jurisdiction in a personal injury action between Thomas John Lauria, plaintiff, and Wilson Freight Company [Wilson Freight] and Donald R. Wainscott, the relators herein, defendants. The question for decision is whether Lauria's cause of action is a compulsory counterclaim within the meaning of Civil...

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