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STATE EX REL. MISSOURI STATE HIGHWAY PATROL v. ATWELL

No. WD 61421.

119 S.W.3d 188 (2003)

STATE of Missouri ex rel. MISSOURI STATE HIGHWAY PATROL, Relator, v. The Honorable Charles E. ATWELL, Judge of the Circuit Court of Jackson County, Missouri, Respondent.

Missouri Court of Appeals, Western District.

October 28, 2003.

Attorney(s) appearing for the Case

Paul Campbell Wilson, Assistant Attorney General, Jefferson City, for appellant.

George Allen Barton, Kansas City, for respondent.

ORIGINAL PROCEEDING IN PROHIBITION

RONALD R. HOLLIGER, Judge.

The Missouri State Highway Patrol seeks a writ of prohibition barring the respondent from proceeding in the underlying suit on the basis that the claims against it are barred by the doctrine of sovereign immunity. The second amended petition before the trial court alleges that the relator seized property (cash) in which the plaintiff in the underlying proceeding claims an ownership interest. The...

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