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STATE EX REL. WOLFNER v. DALTON

No. 79829.

955 S.W.2d 928 (1997)

STATE ex rel. John W. WOLFNER and Margaret F. Wolfner, Relators, v. Honorable Donald DALTON, Judge, Circuit Court, St. Charles County, Respondent.

Supreme Court of Missouri, En Banc.

November 25, 1997.

Attorney(s) appearing for the Case

John T. Walsh, Emily A. Kirk, St. Louis, for Relators.

Matthew J. Fairless, John Hannegan, Keith W. Hazelwood, Stephen Martin, St. Charles, for Respondent.

PRICE, Judge.

On December 13, 1996, the trial court entered a Stipulation and Consent Judgment on one count of a multiple count lawsuit arising out of a dispute over a private road. On December 17, 1996, plaintiffs filed a dismissal of the remaining counts. On February 13, 1997, three non-parties filed a motion to set aside the Stipulation and Consent Judgment and for leave to file an answer, counterclaim, and cross-claim so they could litigate their respective rights...

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