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STATE EX REL. UNITED INDUSTRIES v. MUMMERT

No. 65690.

878 S.W.2d 494 (1994)

STATE of Missouri ex rel. UNITED INDUSTRIES CORPORATION and David Pratt, Relators, v. The Honorable Thomas C. MUMMERT, III, Judge of the Circuit Court of the City of St. Louis, Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

June 21, 1994.

Attorney(s) appearing for the Case

J. William Newbold, II, St. Louis, for appellant.

Theodore David Ponfil, Virginia C. Carmody, James D. Bass, Clayton, for respondent.

CARL R. GAERTNER, Judge.

United Industries Corporation (United) and David Pratt, chairman of the board of United, seek a writ prohibiting the Honorable Thomas C. Mummert from taking further action in a breach of contract and fraud suit on the ground that venue in the City of St. Louis was improperly acquired by plaintiff's pretensive joinder of The Equitable Life Assurance Society of the United States (Equitable). We issued a preliminary writ of prohibition which...

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