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  5. 886 S.W.2d 149 (1994)
 

STATE v. PERIGO

No. 19502.

886 S.W.2d 149 (1994)

STATE of Missouri, ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Relator, v. The Honorable Timothy W. PERIGO, Judge of the Circuit Court of Newton County, Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied October 11, 1994.

Attorney(s) appearing for the Case

William D. Farrar, Senior Asst. Counsel, Judy L. Curran, District Counsel, and Rich Tiemeyer, Chief Counsel, Mo. Highway & Transp. Comm., Kansas City, for relator.

Gary C. Lentz, Spencer, Scott & Dwyer, Joplin, M. Roger Carlin, Evenson, Carlin & Lepage, Pineville, for respondent.

PROCEEDING IN MANDAMUS

SHRUM, Chief Judge.

In this mandamus proceeding, the Missouri Highway and Transportation Commission (Relator) asks that we order Circuit Judge Timothy W. Perigo (Respondent) to set aside his order dismissing Mikel R. Cope and Ann T. Cope (the Copes) and Stanley Jon Janss and Wilma Jean Janss (the Jansses) from an underlying condemnation suit.

In ordering dismissal, Respondent found that the taking of the Copes' and the Jansses...

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