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BRADLEY v. WEBER

No. 47067.

657 S.W.2d 286 (1983)

Jessie BRADLEY, Martha Green, Carl Dunlap, Clifford Dunlap, Lester Dunlap, Joseph W. Dunlap, Ruby Graves, Violet Beckett, Leona Smith Busby, Georgia Faye Lawson, Hilma Roderick, Zelda Jergensmeyer, Thomas I. Dunlap, Daniel M. Dunlap, Velma R. Eilers, Stella J. Hawkins, Jeanie B. Haile, Benjamin F. Meadows, Tim Meadows, Harry Meadows, Charles E. Meadows, Jackie Clubb Foster, Virginia Bryant, James L. Dunlap, Susan Koch, Joseph F. Dunlap, Chester Dunlap, Jr., Richard Dunlap, Robert Dunlap, and Mike Dunlap, and Rachel Mahurin and Norma Vines, and Unknown and Minor Heirs of Leona Inman, Deceased, Relators, v. The Honorable Charles A. WEBER, Special Judge, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion For Rehearing and/or Transfer Denied August 29, 1983.

Application to Transfer Denied October 18, 1983.

Attorney(s) appearing for the Case

William G. Reeves, Farmington, for plaintiffs Jessie Bradley, et al.

David L. Colson, Farmington, for plaintiffs Rachel Mahurin & Norma Vines.

Edward M. Pultz, Farmington, for Unknown & Minor Heirs of Leona Inman, Deceased.

Eric C. Harris, Flat River, for respondent.

Motion For Rehearing and/or Transfer to Supreme Court Denied August 29, 1983.

ORIGINAL WRIT OF PROHIBITION

SNYDER, Judge.

This is prohibition in which relators' request this court to find respondent judge lacks jurisdiction to deny their motion to dismiss plaintiff's first amended petition for failure to substitute a party plaintiff within 90 days of the filing of the suggestion of death of the original plaintiff under Rule 52.13(a)(1). A preliminary...

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