Supreme Court of Missouri
en banc

April 22, 2003

OPINION BY LIMBAUGH, C.J.
SC84344	State ex rel. Atmos Energy Corporation, et al., Appellants, vs. Public Service Commission of the State of Missouri, et al., Respondents. and Ameren Corporation and Union Electric Company, d/b/a AmerenUE, Appellants, vs. Public Service Commission of the State of Missouri, et al., Respondents.
	AFFIRMED. All concur.

OPINION BY LIMBAUGH, C.J.
SC84667	State ex rel. Springfield Underground, Inc., Relator, vs. The Honorable J. Miles Sweeney, Respondent.
	WRIT MADE ABSOLUTE. White, Wolff, Benton, Stith and Teitelman, JJ., and Cundiff, Sp.J., concur. Price, J., not participating.

OPINION BY WHITE, J.
SC84502	Ernest Lee Johnson, Appellant, vs. State of Missouri, Respondent.
	REVERSED AND REMANDED. All concur.

OPINION BY WHITE, J.
SC84896	Charles Grewell, et al., Appellants, vs. State Farm Mutual Automobile Insurance Co., Inc., et al., Respondents.
	REVERSED AND REMANDED. Limbaugh, C.J., Benton, Stith, Price and Teitelman, JJ., and Norton, Sp.J., concur. Wolff, J., not participating.

OPINION BY WOLFF, J.
SC84806	David M. Barnett, Appellant, vs. State of Missouri, Respondent.
	AFFIRMED. All concur.

OPINION BY WOLFF, J.
SC84872	Robert LeSage, Appellant, vs. Dirt Cheap Cigarettes and Beer, Inc., Respondent.
	REVERSED AND REMANDED. White, Benton, Stith, Price and Teitelman, JJ., concur; Limbaugh, C.J., concurs in separate opinion filed.

OPINION BY BENTON, J.
SC84214	State of Missouri, Respondent, vs. Lewis E. Gilbert, Appellant.
	AFFIRMED. All concur.

OPINION BY PRICE, J.
SC84903	In the Interest of: E.L.B., A Minor.
	AFFIRMED. All concur.

OPINION BY MOONEY, SP. J.
SC84336	Missouri Soybean Association, et al., Appellants, vs. The Missouri Clean Water Commission, et al., Respondents.
	AFFIRMED. White, Wolff, Stith and Teitelman, JJ., concur; Limbaugh, C.J., dissents in separate opinion filed; Benton, J., concurs in opinion of Limbaugh, C.J. Price, J., not participating.

MOTIONS FOR REHEARING
SC84622	State of Missouri, ex rel. Lisa Proctor, Relator, vs. The Honorable Larry Bryson, Respondent.
	Respondent's motion for rehearing overruled.

SC84747	Roxanne Kerperien, Respondent, vs. Lumberman's Mutual Casualty Company, Appellant.
	Appellant's motion for rehearing overruled.

SC84509	Glen L. Hancock, Appellant, vs. William and Ruth Shook, d/b/a Barnes Feed Store, Respondents.
	Appellant's motion for rehearing overruled.

SC84650	Jerry and Kimberly Norman, and Jerry Norman, as plaintiff ad litem for Kenneth D. Norman, Appellants, vs. Andy J. Wright, M.D., Respondent.
	Appellants' motion to modify opinion overruled.

SC84884	John Smith, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for rehearing overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC85165	State of Missouri, Respondent, vs. Shawnell Lawson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD60528, denied.

SC85168	A.B., R.B., and M.B., Appellants, vs. Liberty United Methodist Church, Respondent, and Midwest Christian Counseling Center and John Larsen, Defendants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD59922, sustained and cause ordered transferred. Price, J., not participating.

SC85169	Casey's Marketing Company, Respondent, vs. Land Clearance for Redevelopment Authority of Independence, Missouri, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD60924, denied.

SC85170	Missouri Bankers Association and Century Bank of the Ozarks, Appellants, vs. Director of the Missouri Division of Credit Unions, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD61134, sustained and cause ordered transferred.

SC85172	State of Missouri, Respondent, vs. Johnnie William, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD60776, denied.

SC85178	R.J.S. Security, Inc., Appellant, vs. Command Security Services, Inc., et al., Cross-Appellants, and Roger J. Strope, Respondent.
	Cross-Appellants' application for transfer from the Missouri Court of Appeals, Nos. WD60390 and WD60398, denied.

SC85182	Lorrie Hester, Respondent, vs. Kansas City Power & Light Co., Appellant.
	Respondent's application for transfer, prior to opinion, from the Missouri Court of Appeals, No. WD62333, denied.

SC85187	Flooring Systems, Inc., Plaintiff, vs. Staat Construction Company, Respondent/Cross-Appellant, and DLJ Properties, Appellant/Cross-Respondent.
	Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, Nos. ED80814 and ED80867, denied.

SC85189	State of Missouri, Respondent, vs. Johnie Wilkerson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80648, denied.

SC85190	Marty Paul Mayfield, Respondent, vs. Director of Revenue, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24902, denied.

SC85192	Whole Truth Tabernacle United Pentecostal Church, Respondent/Cross-Appellant, vs. Church Mutual Insurance Company, et al., Appellants/Cross-Respondents.
	Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, No. ED80603, denied.

SC85193	Alexandre Kisselev, Respondent, vs. Director of Revenue, State of Missouri, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24740, denied.

SC85194	Tshiswaka B. Kayembe, Appellant, vs. Marianne M. B. Kayembe, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80422, denied.

SC85195	State of Missouri, Respondent, vs. Joseph Grubb, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD60983, sustained and cause ordered transferred.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC85164	State ex rel. BJC Health System and Missouri Baptist Medical Center, Relators, vs. The Honorable Margaret M. Neill, Presiding Judge, Missouri Circuit Court, Twenty-Second Judicial Circuit, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC85167	State ex rel. Linda L. Kleier, Petitioner, vs. John J. Kleier, Respondent.
	Petition for writ of certiorari denied.

SC85159	State ex rel. Jeffrey A. Marshall, Petitioner, vs. Steve Moore, Superintendent, et al., Respondents.
	Petition for writ of habeas corpus denied. Petitioner's motion for judicial notice overruled. Petitioner's motion for intent to call for hearing and request answer from respondents overruled.

SC85171	State ex rel. Anthony Ashford, Petitioner, vs. Jennifer Saches, Acting Superintendent, Respondent.
	Petition for writ of habeas corpus treated as petition for writ of mandamus and sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC85175	State ex rel. Ford Motor Company, et al., Relators, vs. The Honorable Michael P. David, Division 1, Circuit Court of the City of St. Louis, Missouri, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC85177	State ex rel. Derek Q. James, Petitioner, vs. The Honorable Barbara W. Wallace, Presiding Judge of the Circuit Court of St. Louis County, Respondent.
	Petition for writ of mandamus denied.

SC85143	State ex rel. Nathan Erves, Petitioner, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion to support writ of habeas corpus overruled.

SC85184	State ex rel. Ted Eddie Weeks, Petitioner, vs. Missouri State Attorney General, et al., Respondents.
	Petition for writ of mandamus denied. Petitioner's motion for preliminary order of mandamus to discharge petitioner from invalid conviction overruled.

SC85158	State ex rel. Wasim Aziz, Petitioner, vs. Larry Rowley, Superintendent, and Missouri Parole Board, Respondents.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rules 84.22 and 91.02(a).

SC85176	State ex rel. Edward V. Lawrence II, Petitioner, vs. Dave Dormire, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC85196	State ex rel. David Finestead, Relator, vs. The Honorable Miles Sweeney, Respondent.
	Petition for writ of prohibition denied. Limbaugh, C.J., not participating.

MOTIONS
SC85115	William Gomez, Respondent-Appellant, vs. Construction Design, Inc., Appellant-Respondent.
	Appellant-Respondent Construction Design, Inc.'s motion to remand case back to trial court for new trial for lack of appellate court subject matter jurisdiction ordered taken with the case.

SC84876	State ex rel. Ed Helmreich Fertilizer & Farm Supply, Inc., Relator, vs. The Honorable Margaret M. Neill, Judge, Division 1, Circuit Court of the City of St. Louis, Respondent.
	Relator's motion to strike exhibits 2, 3, 4, 5 and 6 of respondent's brief sustained.

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