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STATE EX REL. DOE RUN RESOURCES v. NEILL

No. SC 85451.

128 S.W.3d 502 (2004)

STATE ex rel. The DOE RUN RESOURCES CORPORATION, et al., Relators, v. Honorable Margaret M. NEILL, Presiding Judge, Twenty-Second Judicial Circuit, City of St. Louis, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied March 30, 2004.

Attorney(s) appearing for the Case

Andrew Rothschild, Richard A. Ahrens, John H. Quinn, III, Jeffrey L. Cramer, T. Michael Ward, James M. Cox, John R. Musgrave, St. Louis, for relators.

Edward D. Robertson, Jr., Anthony L. DeWitt, Jefferson City, Robert F. Ritter, Maurice B. Graham, Patrick J. Hagerty, Jeffrey J. Lowe, Francis Casey Flynn, St. Louis, William M. Wunderlich, High Ridge, Kevin S. Hannon, Denver, CO, for respondent.

James W. Gallaher, Jefferson City, for Amicus Curiae (Missouri Chamber of Commerce & Industry).

Marc H. Ellinger, Jefferson City, for Amicus Curiae (Associated Industries of Missouri).

RICHARD B. TEITELMAN, Judge.

Relators Doe Run Resources Corporation, et al., seek a writ of prohibition barring Respondent from taking any further action other than transferring the underlying case to a proper venue. Relators argue that defendant Marvin Kaiser, the chief financial officer (CFO) of Doe Run and a resident of the City of St. Louis at the time the petition was filed, was joined pretensively so that the...

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