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STATE EX REL. EICHORN v. LUTEN

No. 38625.

561 S.W.2d 435 (1978)

STATE ex rel. Olive Kraus EICHORN et al., Relators, v. Honorable Drew W. LUTEN, Jr., Respondent.

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

Motion for Rehearing and/or Transfer Denied February 14, 1978.

Application to Transfer Denied March 13, 1978.

Attorney(s) appearing for the Case

Donald V. Fraser, Jr., St. Louis, for relators.

Lucas & Murphy, Joseph A. Murphy, David G. Lupo, St. Louis, for respondent.

PER CURIAM.

This mandamus action was brought by the relators to compel the respondent trial court to set aside an order reinstating a default judgment against relators in an action to bar termination of a trust.

The germ seeds of this proceeding were planted many years ago—November 10, 1970—with a suit filed by American Cancer Society to block termination of a trust in which relators, American Cancer Society and others were contingent remaindermen...

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