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MERCANTILE TRUST CO. NAT. ASS'N v. ANDERSON

No. 42043.

611 S.W.2d 548 (1981)

MERCANTILE TRUST COMPANY NATIONAL ASSOCIATION, Executor under the Will of Hazel K. Prevallet, Deceased, dated December 10, 1970, Mercantile Trust Company National Association, Trustee Under Indenture of Trust of Hazel K. Prevallet, dated October 16, 1968, and Mercantile Trust Company National Association, Named as Executor in a Will of Hazel K. Prevallet, dated March 28, 1967, Relators, v. Honorable John L. ANDERSON, Judge, Division III, of the Circuit Court of the County of Jefferson, State of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

January 6, 1981.

Attorney(s) appearing for the Case

Thompson & Mitchell, St. Louis, for relators.

Richeson, Roberts, Wegmann, Gasaway, Stewart & Schneider, P. C., Jack C. Stewart, Mark T. Stoll, Hillsboro, for respondent.

SIMON, Judge.

This is an original proceeding in prohibition seeking to prohibit respondent as Judge of the Circuit Court of Jefferson County from proceeding in a cause pending before him on the grounds of lack of venue and jurisdiction. Relator, Mercantile Trust Company National Association (Mercantile), in its various capacities, claims (1) that venue is improperly laid in Jefferson County under the provisions of the National Bank Act, 12 U.S.C. § 94, and (2...

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