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STATE EX REL. DIEHL v. O'MALLEY

No. SC 84659.

95 S.W.3d 82 (2003)

STATE ex rel. Kathleen DIEHL, Relator, v. The Honorable John R. O'MALLEY, Judge, Division 6, Circuit Court of Jackson County, Missouri, Respondent.

Supreme Court of Missouri, En Banc.

January 28, 2003.

Attorney(s) appearing for the Case

Martin M. Meyers, Kansas City, for Relator.

Alok Ahuja, Rosalee M. McNamara, Gail A. Goeke, Robert W. McKinley, Kansas City, for Respondent.

John D. Lynn, St. Louis, for Amicus Curiae St. Louis Chapter of the National Employment Lawyers Association.

Howard C. Wright, Jr., Carl S. Yendes, Springfield, for Amicus Curiae Cities of Springfield, Kansas City and St. Joseph, Missouri and The MO Municipal League.

Jerry M. Hunter, St. Louis, Mark A. Jess, Kansas City, for Amicus Curiae Associated Industries of MO Greater K.C. Chamber of Commerce, MO Bankers Assn., MO Chamber of Commerce & Industry and The National Assn. of Manufacturers.

MICHAEL A. WOLFF, Judge.

Does Missouri's constitutional guarantee of a right to jury trial apply to an action for damages under the Missouri Human Rights Act?

Kathleen Diehl, plaintiff in the circuit court and relator here, seeks actual and punitive damages against her former employer, NASD Regulation, Inc. Her petition, which seeks damages only and not equitable relief, is based upon the human rights act's provisions prohibiting discrimination on the basis...

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