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MO. HIGHWAY & TRANSP. COM'N v. RYAN

No. 53297.

741 S.W.2d 828 (1987)

STATE of Missouri, ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION Relator, v. The Honorable J. Brendan RYAN, Judge of the Circuit Court of the City of St. Louis, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied December 31, 1987.

Attorney(s) appearing for the Case

Richard L. Tiemeyer, Jefferson City, for relator.

James M. Martin, St. Louis, for respondent.

SATZ, Presiding Judge.

This is an action in prohibition. In the underlying suit, plaintiffs alleged their decedent was killed due to a dangerous condition on public property maintained by defendant Missouri Highway and Transportation Commission (Commission). The Commission moved for summary judgment on the grounds that plaintiffs' suit was barred by sovereign immunity. The Commission supplemented its motion with an affidavit stating liability insurance had not been...

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