Supreme Court of Missouri
en banc

January 23, 2001

OPINION BY HOLSTEIN, J.
SC82515	Sheila J. Smith, et ux., Respondents, vs. Judy L. Coffey, Respondent, David Thompson, Defendant, Missouri Highway and Transportation Commission, Appellant.
	AFFIRMED. All concur.

OPINION BY WHITE, J.
SC82615	McNeill Trucking Company, Inc., and Roy S. Golden, Appellants, vs. Missouri State Highway and Transportation Commission, Respondent.
	REVERSED AND REMANDED. All concur.

PER CURIAM
SC82703	Victor Martin, Appellant, vs. State of Missouri, Respondent.
	AFFIRMED. All concur.

MOTIONS FOR REHEARING
SC82392 SC82898	State of Missouri, ex rel. Jeremiah W. (Jay) Nixon, Attorney General, Respondent, vs. American Tobacco Company, Inc., et al., Respondents, and The City of St. Louis, et al., Appellants. (consolidated with) State Senator Peter Kinder and Rickey Jamerson, Appellants, vs. Jeremiah W. (Jay) Nixon, Attorney General, and Thomas Strong, Respondents.
	Respondents' Philip Morris Incorporated, R.J. Reynolds Tobacco Company, Brown & Williamson Tobacco Corporation and Lorillard Tobacco Company's motion for rehearing overruled. Price, C.J., Limbaugh, Covington, Holstein and Benton, JJ., not participating. Proposed Intervenors/Appellants Helen Cheeks and Terry Gatlin's motion for rehearing overruled. Price, C.J., Limbaugh, Covington, Holstein and Benton, JJ., not participating. Appellants Kinder and Jamerson and proposed intervenor Sherry Neel's consolidated motion for rehearing overruled. Price, C.J., Limbaugh, Covington, Holstein and Benton, JJ., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC83195	Cecilia Cuba, Appellant, vs. Jon Thomas Salons, Inc., Respondent, and Secura Insurance Company, Respondent.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED77249, denied.

SC83227	John Verschoore, et al., Respondents, vs. Thoele, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77590, denied.

SC83230	Belinda Williams, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77254, denied.

SC83231	State of Missouri, Respondent, vs. Charles Buchanan, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76947, denied.

SC83232	David Skaggs, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77283, denied.

SC83234	James Matthews, Respondent, vs. President Riverboat Casino-Missouri, Inc., d/b/a President Casino on the Admiral, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76735, denied.

SC83235	Meixia Deng, Appellant, vs. Jeffrey Baker, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57573, denied.

SC83236	Kevin Dale Sexton, Appellant, vs. Jenkins & Associates, Inc., et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57996, sustained and cause ordered transferred.

SC83238	Allen Preston, Appellant, vs. State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD57471, denied.

SC83239	Jairo Cardona-Rivera, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23118, denied.

SC83241	Amanda Cook, Appellant, vs. David Smith and Ginger Smith, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD58116, denied. Price, C.J., not participating.

SC83243	State of Missouri, Respondent, vs. Leroy Craig, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED77054, denied.

SC83244	State of Missouri, Respondent, vs. David L. O'Haver, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57419, denied.

SC83245	State of Missouri, Respondent, vs. John Wells, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57347, denied.

SC83246	State of Missouri, Respondent, vs. James F. Whitfield, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57640, denied.

SC83247	State of Missouri, Respondent, vs. Joseph V. Williams, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57124, denied.

SC83248	State of Missouri, Respondent, vs. James E. Peavler, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57437, denied.

SC83249	Terrance Lee Walker, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57565, denied.

SC83250	State of Missouri, Respondent, vs. Reginald D. Banks, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD56954, denied.

SC83251	State of Missouri, Respondent, vs. Antonio Ramirez, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57355, denied.

SC83252	Steven V. McConnell, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58003, denied.

SC83253	State of Missouri, Respondent, vs. Shoana White-Taylor, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57328, denied.

SC83254	Ellen Kiser, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23599, denied.

SC83255	Troy Long and John A. Thompson, Conservators of Taylor Thompson, a Minor, Respondents, vs. Missouri Delta Medical Center, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD22927, denied.

SC83257	Devins Cable, Inc., and Terry L. Devins, Appellants, vs. State of Missouri, Division of Employment Security, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD57812, denied.

SC83258	In re the matter of Patience Irene McIntire, a minor, personally and by her next friend, Shawn A. McIntire. Shawn A. McIntire, Appellant, vs. Jennifer Hake (Gerlt), Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57820, denied.

SC83260	Richard Balke, Appellant, vs. Harold Ream, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58175, denied.

SC83262	State of Missouri, Respondent, vs. Kimberly Sue Mathews, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23109, denied.

SC83263	In the Interest of: A.M.S.
	Appellant George Sloan's application for transfer from the Missouri Court of Appeals, Nos. ED77002 and ED77003, denied.

SC83264	Alonzo Martin, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76300, denied.

SC83267	Loyd E. Brown, Jr., Appellant, vs. State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD23359, denied.

SC83270	State of Missouri, Respondent, vs. Stanley E. Smith, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD57697, denied.

SC83272	Bonnie Benoit, et al., Respondents/Cross-Appellants, vs. Missouri Highway and Transportation Commission, Appellant/Cross-Respondent, and Shawn Baker, Defendant.
	Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, Nos. SD23088 and SD23103 (consolidated), denied. Holstein, J., not participating.

SC83273	State of Missouri, Missouri Department of Social Services, Division of Aging, Respondent, vs. Brookside Nursing Center, Inc., d/b/a Brookside Nursing Center, et al., Defendants, Healthcare Financial Partners Funding, Inc., Appellant, and Terry C. Allen, Respondent.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD56885 (consolidated with WD56886, WD56887, WD56888, WD56889 and WD56890), sustained and cause ordered transferred.

SC83274	Thomas A. LeChien, Proposed Intervenor/Appellant, and A.G. Enterprises, Inc., an Illinois Corporation, Plaintiff, vs. St. Louis Concessions, Inc., and Floyd C. Warmann, Respondents.
	Proposed Intervenor/Appellant's application for transfer from the Missouri Court of Appeals, No. ED77665, denied.

SC83275	Michael Martino, Respondent, vs. Ena Martino, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED76935, denied.

SC83276	Frederick J. Peet and Judith S. Keen, Appellants, vs. George Randolph and Cecelia Randolph, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED77184, denied.

SC83277	IN RE THE MATTER OF: E.C. and E.C., Juveniles.
	Appellants' application for transfer from the Missouri Court of Appeals, Nos. ED76831 and ED76832, denied.

SC83278	State of Missouri, Respondent, vs. Alonzo Miller, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57462, denied.

SC83279	Carolyn F. Hill, Respondent, vs. Bernard J. Hill, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76954, sustained and cause ordered transferred.

SC83280	State of Missouri, Respondent, vs. Edward Lawrence, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED78151, denied.

SC83283	Carl Turner, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77323, denied.

SC83284	Deandre Roddy, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57951, denied.

SC83285	State of Missouri, Respondent, vs. Reginald Kibby, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77051, denied.

SC83286	Warnell Reid, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77510, denied.

SC83287	In re Estate of: Paul A. Gianella, Deceased.
	Appellant's application for transfer from the Missouri Court of Appeals, Nos. ED76886 and ED77012, denied.

SC83288	Wendi Hagar, et al., Respondents, vs. Wright Tire & Appliance, Incorporated, a Missouri corporation, d/b/a Wright Audio, Video & Appliance, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD58084, denied.

SC83291	Leroy Brutcher, Respondent, vs. Famous Barr, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77821, denied.

SC83292	Mary A. Steuby, Respondent, vs. John J. Steuby, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77538, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC83240	State ex rel. Arthur L. Tracy, Petitioner, vs. State of Missouri and Larry Rowley, Missouri Department of Corrections, Respondents.
	Petition for writ of habeas corpus denied.

SC83197	State ex rel. Ronald Orona, Petitioner, vs. Stewart Epps, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rules 84.22 and 91.02(a).

SC83210	State ex rel. Michael Herret-El, Petitioner, vs. Dave Dormire, Respondent.
	Petition for writ of habeas corpus denied.

SC83266	State ex rel. Vance Roy Clark, Petitioner, vs. Shirley Williford, et al., Respondents.
	Petition for writ of habeas corpus denied. Petitioner's motion for this Court to take judicial notice of records, pleadings and documents in Missouri Court of Appeals case number ED78501 overruled.

SC83213	State ex rel. Gerald Thornton, Petitioner, vs. Honorable Roger B. Wilson, Governor, State of Missouri, Respondent.
	Petition for writ of mandamus denied. Petitioner's motion for approval overruled.

SC83220	State ex rel. Matthew Moorehead, Petitioner, vs. Missouri Board of Probation and Parole, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22.

SC83282	State ex rel. Fireworks Spectacular, Inc., et al., Relators, vs. The Honorable Michael B. Calvin, Division I, Circuit Court of City of St. Louis, Missouri, Respondent.
	Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

MOTIONS
SC82688	State of Missouri on the Information of Ronald S. Reed, Jr., Special Prosecuting Attorney of Clay County, Missouri, Appellant, vs. Michael E. Reardon, Prosecuting Attorney of Clay County, Missouri, Respondent.
	Respondent's motion to dismiss appeal ordered taken with the case. Covington and Wolf, JJ., not participating.

SC83205	In re: Richard M. Simon, Petitioner.
	Informant's motion to dismiss application for reinstatement sustained.

SC83181	State ex rel. Campbell United Methodist Church, Relator, vs. The Honorable Lee E. Wells, Judge, Circuit Court of Jackson County, Missouri, Respondent.
	Respondent's motion to dismiss petition for writ of prohibition overruled.

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