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STATE EX REL. VICTAULIC COMPANY v. MEYERS

No. 61332.

588 S.W.2d 494 (1979)

STATE of Missouri ex rel. VICTAULIC COMPANY OF AMERICA, Relator, v. The Honorable Robert A. MEYERS, Judge, Circuit Court, Jackson County, Missouri, Respondent.

Supreme Court of Missouri, En Banc.

September 11, 1979.

Attorney(s) appearing for the Case

Jack G. Beamer, Phillip S. Smith, Kansas City, for relator.

Joseph A. Sherman, Jackson & Sherman, Kansas City, R. Brian Hall, Gladstone, for respondent.

PER CURIAM.

This is prohibition. The case arises out of an action filed by Leonard Bivona and Lillian Christian Bivona against Victaulic Company of America for personal injuries sustained by Leonard Bivona while he was employed by Foley Heating and Plumbing Company. Victaulic filed a third-party petition against Foley. Foley filed a motion to dismiss the petition, asserting that as Leonard Bivona's employer, its liability under The Workmen's Compensation Law excluded...

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