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RICE v. LUCAS

No. 59875.

560 S.W.2d 850 (1978)

Blanche RICE, Plaintiff-Respondent, v. Honorable Virgil H. LUCAS, Magistrate of Division 2 of the Magistrate Court, City of St. Louis, and Honorable Arthur Miorelli, Magistrate of the Assignment Division of the Magistrate Court of the City of St. Louis, and Moro Investment Company, a corporation, a/k/a Silverblatt Rental Company, Defendants, and John C. Danforth, Attorney General, Intervenor-Defendant-Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied February 8, 1978.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Jefferson City, David L. Baylard, Asst. Atty. Gen., for intervenor-defendant-appellant.

Stuart R. Berkowitz, The Legal Aid Society, St. Louis, for plaintiff-respondent.

BARDGETT, Judge.

This is an appeal from a judgment of the circuit court whereby a magistrate judge in St. Louis was ordered to afford a tenant (defendant) a jury trial in a case brought by a landlord (plaintiff) pursuant to sec. 535.010 et seq., RSMo 1969. The circuit court declared the provision of sec. 535.040, RSMo 1969, which prescribes that a magistrate shall hear the cause without a jury to be in conflict with the civil-jury-trial provision of art. 1...

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