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STATE EX REL. BURLISON INV. v. CONKLIN

No. 15183.

741 S.W.2d 825 (1987)

STATE of Missouri, ex rel. BURLISON INVESTMENTS, INC., et al., Relators, v. Hon. J. Dan CONKLIN, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied December 14, 1987.

Application to Transfer Denied January 20, 1988.

Attorney(s) appearing for the Case

Jack Hoke, Springfield, for respondent.

Robert W. Stillings, Springfield, for relators.

MAUS, Judge.

This Proceeding in Prohibition presents two issues. The first is whether or not a defendant-tenant is entitled to a jury trial in an action to recover possession and rent under §§ 535.010 to 535.180 which, after certification to the Presiding Judge, is to be heard before an Associate Circuit Judge with a record being made. If that question is answered in the affirmative, the proceeding presents an issue of whether or not that right was waived...

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