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SCHILES v. GAERTNER

No. 47527.

659 S.W.2d 791 (1983)

Yvonne SCHILES, Julie Ann Schiles, a minor, Vickie Kristine Schiles, a minor by and through their mother and next friend Yvonne Schiles, and Evelyn Schiles, Relators, v. The Honorable Gary M. GAERTNER, Presiding Judge, Division One, Circuit Court, City of St. Louis, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

October 18, 1983.

Attorney(s) appearing for the Case

Stephen H. Ringkamp, Hullverson, Hullverson & Frank, Inc., St. Louis, for relators.

Sanford Goffstein, St. Louis, for respondent St. Joseph's Hosp.

REINHARD, Judge.

Relators seek to make permanent our preliminary order of prohibition which prevents respondent-judge from enforcing his order of July 13, 1983. In that order, the respondent-judge declared his intent to compel relators, plaintiffs in the underlying suit, to elect which of their number should maintain an action for wrongful death. We make our preliminary order absolute, and thereby prohibit the respondent from enforcing his order.

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