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STATE EX REL. McCURLEY v. HANNA

No. 59319.

535 S.W.2d 107 (1976)

STATE of Missouri ex rel. William Dale McCURLEY, Relator, v. Honorable Forest W. HANNA, Judge, Circuit Court of Jackson County, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied April 14, 1976.

Attorney(s) appearing for the Case

Donald F. Price, Kansas City, for relator.

John J. Phillips, Independence, for respondent.

HOLMAN, Judge.

This is an original proceeding in prohibition. Upon application of relator, the Missouri Court of Appeals, Kansas City District, issued a preliminary rule in prohibition. Upon being advised that this court had two cases pending which involved the same questions the court of appeals recommended that we transfer this case before opinion. We agreed and ordered the case transferred and set for argument on the same day as the other two. We decide the

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