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STATE EX REL. GENERAL ELEC. CO. v. GAERTNER

No. 64787.

666 S.W.2d 764 (1984)

STATE ex rel. GENERAL ELECTRIC COMPANY, Relator, v. The Honorable Gary M. GAERTNER, Judge of the Circuit Court of the City of St. Louis, Mo., Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied April 16, 1984.

Attorney(s) appearing for the Case

Donovan S. Robertson, St. Louis, for relator.

Evans & Dixon, Gerre S. Langton, Edward Meyer, St. Louis, for respondent.

WELLIVER, Judge.

This is an action in prohibition brought by relator General Electric Co., (General Electric) challenging an attempt by Hussmann Refrigerator Co. (Hussmann) to implead it as a third party defendant in a suit pending against Hussmann. The issue presented is whether a defendant in a pending tort action can implead a third party defendant after the statute of limitations has run in the underlying suit. This...

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