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STATE EX REL. KOETTING v. KENDRICK

No. 80119.

957 S.W.2d 768 (1997)

STATE ex rel. Kathleen KOETTING, Relator, v. Honorable Larry L. KENDRICK, Judge, Circuit Court, St. Louis County, Respondent.

Supreme Court of Missouri, En Banc.

December 23, 1997.

Attorney(s) appearing for the Case

Lawrence F. Hartstein, Clayton, for Relator.

F. Douglas O'Leary, Moser and Marsalek, P.C., St. Louis, for Respondent.

PER CURIAM.

On March 8, 1997, the respondent trial judge entered an order granting attorney Michael Pitzer's motion to set aside a stipulation for dismissal, granting leave to file an amended stipulation for dismissal, and reinstating plaintiffs original petition. Pitzer's motion to set aside the stipulation for dismissal was verified and contained a paragraph stating:

15. That Michael J. Pitzer is filing this matter in his name as he has now been advised...

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