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STATE EX REL. FALCONE v. LEVITT

No. KCD 30054.

572 S.W.2d 252 (1978)

STATE of Missouri ex rel. Robert FALCONE, Relator, v. The Honorable Julian M. LEVITT, Judge of the Circuit Court of Jackson County, Missouri, Division Seventeen, Respondent.

Missouri Court of Appeals, Kansas City District.

October 2, 1978.

Attorney(s) appearing for the Case

Max W. Foust and E. Wayne Taff, of counsel: Morris, Foust & Beckett, Kansas City, for relator.

James R. Borthwick and William H. Sanders, Jr., of counsel: Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, for respondent.

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

PRITCHARD, Judge.

The underlying action is one to recover monies due from an insurance agent by American Fidelity Fire Insurance Company against F.I.C. Insurance Agency, Inc.; Falcone Companies, Inc.; and Robert Falcone, individually. [Case No. CV 76-0673 in the Circuit Court of Jackson County, Missouri.] During the course of the proceedings American filed interrogatories addressed to defendants "to be answered separately and fully in writing under oath by each defendant...

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