STATE EX REL. BUNKER RESOURCE RECYCLING & RECLAMATION, INC. v. HOWALD

No. 15766.

767 S.W.2d 76 (1989)

STATE of Missouri, ex rel. BUNKER RESOURCE RECYCLING & RECLAMATION, INC., Relator, v. Honorable J. Kent HOWALD, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and Transfer Overruled and Denied March 9, 1989.

Application to Transfer Denied April 18, 1989.


Attorney(s) appearing for the Case

Richard C. Witzel, John H. Herman, Witzel & Kearns, St. Louis, for respondent.

John E. Price, John A. Cowherd, Woolsey, Fisher, Whiteaker & McDonald, Springfield, for relator.


MAUS, Judge.

By its petition in prohibition, the corporate defendant in the underlying action seeks to prevent the plaintiffs from taking the deposition of a witness as the "managing agent" of the defendant. This court issued its preliminary order. Rule 97.04. The following is an outline of the procedural background of the proceeding.

The plaintiffs in the underlying action are four residents of the Bunker, Missouri, area and Simonds Manufacturing Corporation...

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