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STATE EX REL. KNIGHT v. BARNES

No. WD 38621.

723 S.W.2d 591 (1987)

STATE of Missouri, ex rel. Claude KNIGHT and Earlene Knight, Relators, v. The Honorable Donald BARNES, Judge of the Circuit Court of Pettis County, Missouri, Respondent.

Missouri Court of Appeals, Western District.

January 27, 1987.

Attorney(s) appearing for the Case

Robert M. Liston, Robert B. Reeser, Jr., Sedalia, for relators.

Max E. Mitchell, Sedalia, for respondent.

Before BERREY, P.J., and PRITCHARD and LOWENSTEIN, JJ.

BERREY, Judge.

In this proceeding in prohibition the respondent announced he would order the Prosecuting Attorney of Pettis County to open a closed nolle prossed criminal file for the purpose of civil litigation in a suit pending between relator and Sentry Insurance Company. In the pending civil suit, relators as plaintiffs therein have filed their first amended petition on contract alleging that Sentry Insurance Company has refused to pay a claim resulting from a...

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