STATE EX REL. McDONNELL v. LUTEN

No. 65866.

679 S.W.2d 278 (1984)

STATE ex rel. McDONNELL DOUGLAS CORPORATION, Relator, v. The Honorable Drew W. LUTEN, Jr., Judge of the Circuit Court of St. Louis County, Missouri, 10th Division, Respondent.

Supreme Court of Missouri, En Banc.

November 20, 1984.


Attorney(s) appearing for the Case

Michael W. Flavin, James E. Whaley, St. Louis, for relator.

Kenneth D. Koester, James F. Koester, St. Louis, for respondent.


GUNN, Judge.

Relator through prohibition seeks to test the jurisdiction of the trial court in what is alleged to be a workers' compensation matter reserved for the Labor and Industrial Relations Commission. We make our provisional rule in prohibition absolute.

Relator McDonnell Douglas Corporation is a defendant in a common-law negligence action for injuries suffered by one of its employees. Relator moved for summary judgment on the employee's petition, or...

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