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STATE EX REL. LIBERTY MUT. INS. CO. v. GUM

No. WD 50086.

904 S.W.2d 447 (1995)

STATE of Missouri, ex rel. LIBERTY MUTUAL INSURANCE COMPANY, Relator, v. The Honorable Carl D. GUM, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied August 1, 1995.

Application to Transfer Denied September 19, 1995.

Attorney(s) appearing for the Case

Paul L. Wickens, Mark E. Harris, Morrison & Hecker, Kansas City, for relator.

Andrew J. Gelbach, Warrensburg, John E. Turner, Kansas City, Robert Harris, Warrensburg, for respondent.

Before BRECKENRIDGE, P.J., and ULRICH and SPINDEN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 1, 1995.

ULRICH, Judge.

Liberty Mutual Insurance Company (Liberty Mutual) seeks this court's writ of prohibition and/or mandamus compelling The Honorable Carl Gum to enter summary judgment in its favor in the underlying action. Liberty Mutual contends that the principles of res judicata, collateral estoppel, and the law of the case required the trial court to deny Plaintiff's Motion for Leave...

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