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STATE EX REL. J.C. PENNEY v. SCHROEDER

No. ED 82795.

108 S.W.3d 112 (2003)

STATE of Missouri, ex rel., J.C. PENNEY CORPORATION, Inc., Relator, v. The Honorable Mary Bruntrager SCHROEDER, Judge of the Circuit Court of St. Louis County, Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Writ Division Three.

June 10, 2003.

Attorney(s) appearing for the Case

Martin Green, Fernando Bermudez (co-counsel), Clayton, MO, Kristin Leigh Bohlken, (Co-counsel) Plano, TX, for relator.

Richard Dorsey, St. Charles, MO, for respondent.

OPINION

GLENN A. NORTON, Presiding Judge.

J.C. Penney Corporation, Inc. seeks a writ of mandamus to order the trial court to dismiss Next Day Motor Freight, Inc.'s breach of contract suit filed against J.C. Penney. We issued a preliminary order in mandamus, and the respondent answered. We dispense with further briefing as permitted by Rule 84.24(j). The preliminary order in mandamus is made absolute.

I. BACKGROUND

J.C. Penney and...

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