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STATE EX REL. D.M. v. HOESTER

No. 65746.

681 S.W.2d 449 (1984)

STATE ex rel. D.M., Relator, v. The Honorable Robert G.J. HOESTER, Judge of the Circuit Court of St. Louis County, Division No. 8, Respondent.

Supreme Court of Missouri, En Banc.

December 18, 1984.

Attorney(s) appearing for the Case

Robert B. Hoemeke, John M. Hessel, Joseph J. Trad, St. Louis, for relator.

Francis L. Kenney III, Clayton, for respondent.

RENDLEN, Chief Justice.

This proceeding in prohibition arises from a damage action for intentional tort. Relator D.M., defendant in the trial below, asserted the physician-patient privilege1 and sought to preclude Respondent Judge Robert Hoester from ordering disclosure of the testimony and medical records of D.M.'s psychiatrist. Respondent argued that § 210.140, RSMo Cum.Supp.1983,

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