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STATE EX REL. COLLINS v. DONELSON

No. 29237.

557 S.W.2d 707 (1977)

STATE ex rel. Paul W. COLLINS, Director, Missouri Division of Highway Safety, and Dr. Byron I. Axtell, D.O., Coroner, Mercer County, Missouri, Relators, v. The Honorable J. Morgan DONELSON, Judge of the Circuit Court of Mercer County, Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

October 11, 1977.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Sheila K. Hyatt, Asst. Atty. Gen., Jefferson City, for relators.

Slagle & Bernard, Ben R. Swank, Jr., Kansas City, for amici curiae.

Phil Hauck, Erwin L. Milne, Stockard, Andereck, Hauck, Sharp & Evans, Trenton, for respondent.

Before PRITCHARD, C. J., and SHANGLER, DIXON, SWOFFORD, WASSERSTROM, SOMERVILLE and TURNAGE, JJ.

ORIGINAL PROCEEDING IN PROHIBITION

TURNAGE, Judge.

This original proceeding in prohibition was brought by the Director of the Missouri Division of Highway Safety and the Coroner of Mercer County. The object of the writ is to restrain the respondent judge from enforcing his order compelling the relators to comply with a subpoena duces tecum to produce a report made by the Coroner to the Director as required by § 58.445, RSMo 1977 Supp.

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