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STATE EX REL. UNION PLANTERS BANK, N.A. v. KENDRICK

No. SC 85473.

142 S.W.3d 729 (2004)

STATE ex rel. UNION PLANTERS BANK, N.A. et al., Relators, v. The Honorable Larry L. KENDRICK, Judge of the Circuit Court of St. Louis County, Missouri, Respondent.

Supreme Court of Missouri, En Banc.

Motion to Modify Denied September 28, 2004.

Attorney(s) appearing for the Case

John C. Rasp, Michael A. Clithero, Geoffrey G. Gerber, Brian R. Plegge, Carrie A. Wrisberg, Robyn G. Fox, Frank Susman, Kenneth B. Newman, Andrew D. Dillon, Martin M. Green, David T. Butsch, Allen P. Press, St. Louis, MO, for Relators.

Gerald P. Greiman, Daniel V. Conlisk, Patrick T. McLaughlin, St. Louis, MO, for Respondent.

WILLIAM RAY PRICE, JR., Judge.

Relators seek a writ of prohibition ordering Respondent to de-certify the class in the underlying matter. Relators allege that class counsel cannot adequately represent the members of the class because class counsel accepted funds from potential defendants to finance the lawsuit only against other parties, with an "implicit understanding" that class counsel would not sue them. Additionally, two of the class representatives are or have...

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