STATE EX REL. KIRKWOOD EXCAVATING v. STUSSIE

No. 49605.

689 S.W.2d 131 (1985)

STATE of Missouri, ex rel. KIRKWOOD EXCAVATING, INC. and C.L.M. Contracting, Inc., Relators, v. Hon. Harry J. STUSSIE, Circuit Judge of St. Louis County, Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

April 9, 1985.


Attorney(s) appearing for the Case

David M. Korum, Kirkwood, for relators.

Morton R. Newman, Mayer S. Klein, Clayton, for respondent.


SNYDER, Judge.

Relators filed their petition for a writ of prohibition or in the alternative a writ of mandamus, seeking to prohibit the respondent judge from dismissing their contract petition (Kirkwood Excavating, Inc. and C.L.M. Contracting, Inc., joint venturers, vs. Carafiol's Properties Company, Cause No. 477108) and from denying their motion to consolidate their contract action into a pending mechanic's lien action (Krupp Construction Company, Inc. vs. Carafiol...

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