STATE EX REL. STEPHENS v. HENSON

No. 16038.

772 S.W.2d 706 (1989)

STATE ex rel. Norma STEPHENS, Michael Noble Stephens, Donald Glen Stephens, John Alan Stephens, and Patricia Gray Stephens, Relators, v. The Honorable Rex HENSON, Judge of the Circuit Court of Butler County, Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or to Transfer Denied May 16, 1989.

Application to Transfer Denied August 1, 1989.


Attorney(s) appearing for the Case

C.H. Parsons, Jr., Dennis P. Wilson, Parsons, Mitchell, Wilson & Satterfield, P.C., Dexter, for relators.

John R. Musgrave, Bruce D. Ryder, Christian A. Bourgeacq, Coburn, Croft & Putzell, Clinton D. Summers, Summers, Cope & Walsh, P.C., St. Louis, for respondent.


FLANIGAN, Presiding Judge.

Relators in this mandamus action (Rule 94)1 are the widow and four surviving children of Noble Stephens, who died on August 20, 1980, allegedly as a result of a collision between a vehicle driven by him and a train operated by St. Louis Southwestern Railway Company. In May 1981 Norma Stephens, the widow, brought a wrongful death action ("the first action") against the railroad. On August 1, 1985, she voluntarily...

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