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STATE EX REL. KERTZ v. NEILL

No. SC 84372.

90 S.W.3d 467 (2002)

STATE ex rel. Cindy KERTZ, Relator, v. The Honorable Margaret M. NEILL, Respondent.

Supreme Court of Missouri, En Banc.

December 10, 2002.

Attorney(s) appearing for the Case

Patrick J. Hagerty, Maurice B. Graham, Morry S. Cole, St. Louis, Joseph T. Buerkle, Jackson, for relator.

William A. Brasher, St. Louis, for respondent.

Robyn G. Fox, Catherine V. Jochens, St. Louis, for amicus curiae.

STEPHEN N. LIMBAUGH, JR., Chief Justice.

This is yet another St. Louis City venue dispute. The underlying case is a wrongful death action brought by the family of Dale Kertz who was killed in a tractor/train accident at a railroad crossing in Perry County. Defendants are Burlington Northern and Santa Fe Railway Company (BNSF), which operates railway lines and has officers and agents in the City of St. Louis, and Mark Pobst, a resident of Scott County. The particular...

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