STATE EX REL. CITY OF SPRINGFIELD v. CONLEY

No. WD 40919.

760 S.W.2d 948 (1988)

STATE of Missouri ex rel. CITY OF SPRINGFIELD, Missouri, Through the BOARD OF PUBLIC UTILITIES, Relator, v. The Honorable Frank CONLEY, Judge of the Circuit Court of Boone County, Missouri, Respondent.

Missouri Court of Appeals, Western District.

December 6, 1988.


Attorney(s) appearing for the Case

Rex C. McCall, Springfield, for relator.

Patrick A. Baumhoer, Stockard, Andereck, Hauck, Sharp and Evans, Jefferson City, for respondent.

Before CLARK, P.J., and GAITAN and COVINGTON, JJ.


CLARK, Presiding Judge.

This is an action in prohibition seeking to restrain the circuit judge in Boone County from proceeding to try a counterclaim which relator asserts is duplicative of an action previously filed and now pending in Greene County between relator and Sho-Me Power Corporation. The issue presented calls for a decision as to whether, under the facts of the case as hereafter set out, the rule of abatement precludes dual litigation of a controversy in...

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