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STATE EX REL. MIRACLE RECREATION EQUIP. CO. v. O'MALLEY

No. SC 83831.

62 S.W.3d 407 (2001)

STATE ex rel. MIRACLE RECREATION EQUIPMENT COMPANY and Marc Roberts, Relators, v. The Honorable John R. O'MALLEY, Judge, Circuit Court of Jackson County, Missouri, Respondent.

Supreme Court of Missouri, En Banc.

December 4, 2001.

Attorney(s) appearing for the Case

David E. Larson, Jimmy E. Allen, Jr., Leawood, Kan., for relators.

J. Kent Emison, Lexington, James P. Valbracht, Chillicothe, for respondent.

PER CURIAM.

A motor vehicle accident occurred in Linn County, Missouri. The current lawsuit was filed in Jackson County by a Missouri resident, naming only Roberts as a defendant. Roberts, who was operating one of the vehicles for Miracle, is an Iowa resident. Miracle is an Iowa corporation whose principal place of business is in Monett, Missouri. In this posture, Jackson County was a county of proper venue.

Roberts removed the suit to federal court. While...

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