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STATE EX REL. MERRITT v. MUMMERT

No. 63664.

863 S.W.2d 380 (1993)

STATE ex rel. David R. MERRITT, Relator, v. Thomas C. MUMMERT, III, Presiding Judge, Circuit Court of the City of St. Louis, Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied October 19, 1993.

Application to Transfer Denied November 23, 1993.

Attorney(s) appearing for the Case

K. Steven Jones, St. Louis, for relator.

Stephen M. Ryals, Philip C. Denton, Stephen H. Ringkamp, John G. Doyen, St. Louis, Joel A. Poole, Russ Welsh, Kansas City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 19, 1993.

CARL R. GAERTNER, Judge.

Relator seeks our writ prohibiting respondent, the Honorable Thomas C. Mummert, from proceeding with a third-party claim against relator as third-party defendant. Relator argues that the third-party petition is improper and therefore respondent is without jurisdiction to proceed on the claim. We granted a preliminary writ of prohibition which we now make...

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