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STATE EX REL. DUNGER v. MUMMERT

No. 64894.

871 S.W.2d 609 (1994)

STATE of Missouri ex rel. Larry DUNGER, Personal Representative of the Estate of R.B. Potashnick, Deceased, Margaret Fisher, J.T. Nelson, and Potashnick Construction, Inc., Relators, v. The Honorable Thomas C. MUMMERT, Judge, Division I, Circuit Court of the City of St. Louis, Missouri, Twenty-Second Judicial Circuit, Respondent.

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

March 8, 1994.

Attorney(s) appearing for the Case

Richard G. Steele, Thomas R. Carnes, Finch Bradshaw, Strom & Steele, Cape Girardeau, and Mark D. Sophir, Armstrong, Teasdale, Schlafly & Davis, St. Louis, for relators.

Timothy R. Anderson and Donald H. Clooney, Clooney & Anderson, St. Louis, for respondent.

SMITH, Presiding Judge.

This is an action in prohibition seeking to restrain the Honorable Thomas C. Mummert, Circuit Judge of the City of St. Louis, from proceeding to try a claim which relator asserts is duplicative of an action previously filed and now pending in the Probate Division of the Circuit Court of Cape Girardeau County, Missouri. We issued our preliminary writ which we now make permanent.

On October 4, 1991, plaintiff, Morton Potashnick, filed...

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