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STATE EX REL. SCHOTT v. FOLEY

No. 53778.

741 S.W.2d 111 (1987)

STATE of Missouri ex rel. William R. SCHOTT and Schott and Company, Inc., Relators, v. The Honorable James N. FOLEY, Associate Circuit Judge, Respondent.

Missouri Court of Appeals, Eastern District, Division Six.

December 8, 1987.

Attorney(s) appearing for the Case

Terrance J. Good, Jeffrey J. Lowe, Lashly, Baer & Hamel, P.C., St. Louis, for relators.

John L. Oliver, Jr., Oliver, Oliver, Waltz & Cook, P.C., Cape Girardeau, Albert C. Lowes, Lowes & Drusch, Cape Girardeau, for respondent.

CARL R. GAERTNER, Presiding Judge.

Relators seek our writ prohibiting enforcement of the order which found accountant Robert Earley incompetent to testify in a professional negligence action against another accountant. The lower court based its order on the accountant-client privilege, § 326.151, RSMo.1986. We make our preliminary order absolute.

From 1960 to 1977, Robert Earley served as a tax accountant for Jerry Lipps, Ruth Lipps, and the Lippses'...

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