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STATE EX REL. LESS v. O'BRIEN

No. 59960.

814 S.W.2d 2 (1991)

STATE of Missouri, ex rel. John W. LESS, S. Charles Baer, Thomas J. Barta, Barry L. Faintich, Kenneth A. Goldberg, W. Alfred Hayes, Jr., Thomas C. Hullverson, Thomas Kolbrener, W. Stanley Walch and John F. Buck, Relators, v. The Honorable Emmett M. O'BRIEN, Judge of the Circuit Court for the County of St. Louis, Division 11, Respondent.

Missouri Court of Appeals, Eastern District, Writ Division One.

August 13, 1991.

Attorney(s) appearing for the Case

The Stolar Partnership, Charles Alan Siegel, E. Michael Murphy, Joseph Nessenfeld, St. Louis, for relators.

Popkin & Stern, Alan E. Popkin, Michael H. Wetmore, David W. Sobelman, St. Louis, for respondent.

PUDLOWSKI, Judge.

This is an original proceeding in prohibition brought by relators against respondent circuit judge to prohibit the latter from denying relators' motion to dismiss Count II of plaintiff's petition. We quash the preliminary order in prohibition.

Relators filed suit (hereinafter initial proceeding) against Lurie in the United States District Court for the Eastern District of Missouri in June, 1984. Relators charged, in their complaint and amendments...

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