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STATE EX REL. COCA-COLA CO. v. NIXON

No. SC 88531.

249 S.W.3d 855 (2008)

STATE ex rel. The COCA-COLA COMPANY, Relator, v. The Honorable W. Stephen NIXON, Respondent.

Supreme Court of Missouri, En Banc.

April 15, 2008.

Attorney(s) appearing for the Case

Christopher M. Murphy, Michael A. Pope, McDermott, Will & Emery, LLP, Chicago, IL, John F. Murphy, Lori R. Schultz, Shook Hardy Bacon, LLP, Taylor Fields, Fields & Brown, Kansas City, Russell S. Bonds, Litigation Counsel, Atlanta, GA, for Relator.

Ralph K. Phalen, Kansas City, Ben Barnow, Chicago, IL, for Respondent.

Ann K. Covington, Dan H. Ball, Elizabeth C. Carver, Bryan Cave, LLP, St. Louis, Hugh F. Young, Jr., Reston, VA, Amicus Curiae for Product Liability Council, Inc.

WILLIAM RAY PRICE, JR., Judge.

I. INTRODUCTION

Diana Pennington alleges that Coca-Cola made affirmative misrepresentations and omitted material information regarding the types of artificial sweeteners used in fountain Diet Coke in violation of section 407.025.1 At Pennington's request, the circuit court certified the lawsuit as a class action. In its petition for a writ of prohibition, Coca-Cola argues that the circuit court...

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