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STATE EX REL. AUDRAIN HEALTHCARE, INC. v. SUTHERLAND

Nos. SC 88527, SC 88528.

233 S.W.3d 217 (2007)

STATE ex rel. AUDRAIN HEALTHCARE, INC., d/b/a Audrain Medical Center, Kurt M. Bracke, M.D., and Mexico Family Health Care, Relators, v. The Honorable Keith SUTHERLAND, Respondent. State ex rel. David Bowne, M.D., Relator, v. The Honorable Keith Sutherland, Respondent.

Supreme Court of Missouri, En Banc.

September 11, 2007.

Attorney(s) appearing for the Case

Edward C. Clausen, John L. Wood, Jefferson City, for Relator in SC 88527 and SC 88528.

Maurice B. Graham, Thomas K. Neill, Patrick J. Hagerty, M. Graham Dobbs, St. Louis, Louis J. Leonatti, Mexico, for Respondents in SC 88527.

Brian J. Fellows, St. Louis, Mariam Decker, Columbia, for Respondent in SC 88528.

Relators in these cases are defendants in tort lawsuits originally filed in Audrain County. The plaintiffs in those suits sought a change of venue of right under Rule 51.03 because Audrain County has a population of fewer than 75,000 inhabitants.1 The relators contend that section 508.0112 prohibits application of Rule 51.03. Under the facts of these cases, chapter 508 does not contradict Rule 51.03. The preliminary...

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