STATE EX REL. TELECOM MANAGEMENT v. O'MALLY

No. WD 54459.

965 S.W.2d 215 (1998)

STATE ex rel. TELECOM MANAGEMENT, INC., Relator, v. Honorable John R. O'MALLY and Honorable Justine Del Muro, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Denied March 31, 1998.

Application for Transfer Denied May 26, 1998.


Attorney(s) appearing for the Case

Douglas N. Ghertner, Kansas City, for Relator.

Andrew C. Gately, Kansas City, for Respondents.

Before LOWENSTEIN, P.J., and HANNA and ELLIS, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Denied March 31, 1998.

LOWENSTEIN, Presiding Judge.

This is an original proceeding in prohibition. The dispositive issue presented is: Where there is an agreement to arbitrate, with the agreement providing for a non-judicial method of removal and replacement of arbitrators, may one party, without notifying the other party to the arbitration proceedings, utilize the circuit court, prior to an arbitration...

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