Supreme Court of Missouri
en banc

April 24, 2001

OPINION BY HOLSTEIN, J.
SC82205	State of Missouri, Respondent, vs. Paul T. Goodwin, Appellant.
	AFFIRMED. Price, C.J., Limbaugh, White, Wolff and Benton, JJ., and Edwards, Sp.J., concur. Stith, J., not participating.

OPINION BY WOLFF, J.
SC83294	Becker Glove International, Inc., Respondent, vs. Jack Dubinsky & Sons, et al., Appellants.
	AFFIRMED. All concur.

OPINION BY BENTON, J.
SC82972 and SC82977	The Ovid Bell Press, Appellant, vs. Director of Revenue, Respondent. (Consolidated with) Walsworth Publishing Company, Inc., Appellant, vs. Director of Revenue, Respondent.
	REVERSED AND REMANDED. Price, C.J., Limbaugh, White, Holstein and Wolff, JJ., and Edwards, Sp.J., concur. Stith, J., not participating.

PER CURIAM
SC81407 and SC81727	Production Credit Association of Southeastern Missouri, et al., Appellants, vs. Director of Revenue, Respondent. CoBank, ACB, as Successor to The National Bank for Cooperatives, Appellant, vs. Director of Revenue, State of Missouri, Respondent.
	No. SC81407 MANDATE TO REISSUE. No. SC81727 AFFIRMED. All concur.

PER CURIAM
SC83044	State of Missouri, Respondent, vs. Freada P. Carroll, Appellant.
	CIRCUIT COURT NO. CR398-4F AFFIRMED IN PART; REVERSED IN PART; REMANDED. CIRCUIT COURT NO. CR399-3F AFFIRMED. All concur.

PER CURIAM
SC83086	Dwight R. Wampler, Respondent, vs. Director of Revenue, Appellant.
	AFFIRMED. Price, C.J., Limbaugh, White, Holstein, Wolff and Benton, JJ., concur. Stith, J., not participating.

MOTIONS FOR REHEARING
SC82871	State of Missouri, Respondent, vs. Bryan E. Wurtzberger, Appellant.
	Appellant's motion for rehearing overruled. Stith, J., not participating.

SC83199 and SC83200	Missouri Merchants and Manufacturers Association, et al., Appellants/Cross-Respondents, vs. State of Missouri, et al., Respondents/Cross-Appellants. (consolidated with) Francis E. Flotron, Jr., et al., Cross-Respondents, vs. Bob Holden, Governor, et al., Respondents/Cross-Appellants.
	Appellants/Cross-Respondents Missouri Merchants and Manufacturers Association, et al.'s motion for rehearing overruled. Stith, J., not participating.

SC82324	State of Missouri, Respondent, vs. Walter Timothy Storey, Appellant.
	Appellant's motion for rehearing overruled. Execution set for July 27, 2001. Stith, J., not participating.

SC82520	In re: Transit Casualty Company in Receivership Pulitzer Publishing Company, Appellant, vs. Transit Casualty Company in Receivership, Intervening Employees, Respondents.
	Respondent Transit Casualty Company in Receivership's motion for rehearing overruled. Opinion modified on Court's own motion. Price, C.J., and Stith, J., not participating. Respondents Intervening Employees' motion for rehearing overruled. Opinion modified on Court's own motion. Price, C.J., and Stith, J., not participating.

SC82721	Ron Bosch, Appellant, vs. St. Louis Healthcare Network, Respondent.
	Appellant's motion for rehearing overruled. Stith, J., not participating.

SC82805	Greenbriar Hills Country Club, Appellant, vs. Director of Revenue, Missouri Department of Revenue, Respondent.
	Respondent's motion for rehearing overruled. Holstein, Benton and Stith, JJ., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC83290	Barbara Jeanne Brethorst, Appellant, vs. Jon Matthew Brethorst, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77314, sustained and cause ordered transferred. Cause ordered retransferred to the Missouri Court of Appeals, Eastern District, for reconsideration in light of Laurie (Woods) Stowe vs. Donald Ray Spence, Jr., et al., No. SC82940 (decided April 10, 2001).

SC83425	State of Missouri, Respondent, vs. George Gordon, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23505, denied.

SC83426	In the Interest of K.A.O., C.L.O., B.S.H., S.R.H., and K.L.H., Minors. Lisa Altis, Deputy Juvenile Officer, Greene County, Missouri, Respondent, vs. Pamela Lynn Osborn, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, Nos. SD23434, SD23435 and SD23436, denied.

SC83427	American Family Mutual Insurance Company, Respondent, vs. Nancy Hart, Defendant, Joe Hart, Jr., Respondent, Melvin Dewey, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD57969, denied. Stith, J., not participating.

SC83429	State of Missouri, Respondent, vs. Allen Norwood, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77481, denied.

SC83430	State of Missouri, Respondent, vs. Ronnie L. Gray, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77716, denied. Stith, J., not participating.

SC83431	Inmates of Missouri Department of Corrections, et al., Appellants, vs. Missouri Board of Probation and Parole, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD58812, denied. Stith, J., not participating.

SC83432	Robert A. Ring, et al., Respondents, vs. The Metropolitan St. Louis Sewer District, Respondent, and Barnes-Jewish Hospital, et al., Appellants.
	Appellants Barnes-Jewish Hospital, et al.'s application for transfer from the Missouri Court of Appeals, Nos. ED77467 and ED77469, denied. Appellants Mark D. Roberts, et al.'s application for transfer from the Missouri Court of Appeals, Nos. ED77467 and ED77469, denied.

SC83435	Harry Lackey, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77400, denied. Stith, J., not participating.

SC83436	Kenneth Dailey, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77952, denied.

SC83437	John Methfessel, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED78124, denied.

SC83438	David W. Bray, Appellant, vs. David N. and Mary Ann Brooks, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD57797, denied. Stith, J., not participating.

SC83439	Lori B. Naugle, Respondent, vs. Leonard Naugle, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77601, denied.

SC83440	JG St. Louis West Limited Liability Company, et al., Appellants, vs. City of Des Peres and West County Center, LLC, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED77037, denied. Holstein, J., not participating.

SC83441	Division of Labor Standards, Department of Labor and Industrial Relations, Respondent, vs. Chester Bross Construction Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77657, denied.

SC83442	In the Interest of C.G.A., a minor. State of Missouri, Greene County Juvenile Office, Respondent, vs. Barbara Flanders and Walter Button, Appellants.
	Appellant Walter Button's application for transfer from the Missouri Court of Appeals, Nos. SD23692 and SD23693, denied.

SC83444	Travis D. Laster, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58238, denied. Stith, J., not participating.

SC83445	State of Missouri, Respondent, vs. Michael McGaughy, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57511, denied. Stith, J., not participating.

SC83446	Leonard Begshaw, Appellant, vs. The City of Independence, Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58251, denied. Stith, J., not participating.

SC83447	Scott H. Chance and Janice F. Chance, Respondents, vs. Public Water Supply District No. 16, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58246, denied. Stith, J., not participating.

SC83448	Linda M. Sanders, Appellant, vs. Insurance Company of North America, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57288, denied. Stith, J., not participating.

SC83449	Edward Lawrence Moran and Richard Alan Moran, Respondents, vs. Kathleen Marie Kessler and Sandra Jean Kessler, Individually, and as Personal Representatives of the Estate of Joseph D. Kessler, Deceased, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD57873, denied. Stith, J., not participating.

SC83457	Dennis E. Kassebaum and Sandra L. Kassebaum, Respondents/Cross-Appellants, vs. Vernon E. Kassebaum and Wanda R. Kassebaum, individually and as trustees, Appellants/Cross-Respondents.
	Appellants/Cross-Respondents' application for transfer from the Missouri Court of Appeals, No. ED77221, denied.

SC83458	State of Missouri, Respondent, vs. Kevin Morris, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED77788, denied.

SC83462	State of Missouri, Respondent, vs. Travis Like, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77569, denied.

SC83463	State of Missouri, Respondent, vs. Antoine King, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76550, denied.

SC83466	National Heritage Life Insurance Company, in liquidation, Respondent, vs. Richard R. Frame, et al., Appellants.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED77741, denied.

SC83467	Marian Wuerz, Appellant, vs. William Huffaker, M.D., and Plastic Surgery Consultants, Ltd., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77427, denied.

SC83468	In the Estate of Ester M. Heyl; Charles R. Heyl, Appellant, vs. Diahne Marie Heyl, as Personal Representative of the Estate of Ester M. Heyl, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED77975, denied.

SC83469	Teresa W. Jeffery, Appellant, vs. Cristine D. Senseman, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77654, denied. Benton, J., not participating.

SC83470	Michael Miller, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77600, denied.

SC83471	David Malady, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77715, denied.

SC83472	State of Missouri, Respondent, vs. Robert L. Mitchell, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23422, denied.

SC83475	Michael Samuelson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77502, denied.

SC83476	In the Matter of Tri-County Levee District Tri-County Levee District, Respondent, vs. Missouri Highways and Transportation Commission, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77797, denied.

SC83477	Michael A. Fisher, Appellant, vs. Waste Management of Missouri, Respondent, and RSK Company, Insurer.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED78091, sustained and cause ordered transferred.

SC83478	State of Missouri, Respondent, vs. Lendell Ray Barrett, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23390, denied.

SC83481	Charles E. Mulikey, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77798, denied.

SC83482	State of Missouri, Respondent, vs. Bobby Joe Wilson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57731, denied.

SC83483	State of Missouri, Respondent, vs. Maria E. Gonzales, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58139, denied. Stith, J., not participating.

SC83487	Michael Washington, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77828, denied.

SC83488	Keith Roy, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77940, denied.

SC83489	James R. Palmes, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23751, denied.

SC83490	Robert Hogan, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58331, denied.

SC83493	State of Missouri, Respondent, vs. Marcellus Williams, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77471, denied.

SC83494	Bradly S. Bolz and Patricia Bolz, Respondents, vs. Isaac R. Hatfield, Defendant, and Sang Leininger, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23614, denied.

SC83495	Rodney McFarland, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23622, denied.

SC83496	State of Missouri, Respondent, vs. Johnny Moore, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77579, denied.

SC83497	Letko Enterprises, Inc., Mark Letko and Annette Letko, Appellants, vs. Kenneth J. Bond and Gwendolyn C. Bond, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED77428, denied.

SC83498	In re: Marriage of Carol Leigh Kram and Kenneth Emil Kram Carol Leigh Kram, Respondent, vs. Kenneth Emil Kram, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77136, denied.

SC83499	Sherree Keltner, Appellant, vs. K-Mart Corporation, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED76613, denied.

SC83500	Dale L. Helmig, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76067, denied.

SC83502	Randall Breckle, Appellant, vs. Hawk's Nest, Inc., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED77634, denied.

SC83503	State of Missouri, ex rel., Sunshine Enterprises of Missouri, Inc., d/b/a Sunshine Title and Check Advance, Appellant, vs. Board of Adjustment of the City of St. Ann and City of St. Ann, Missouri, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED77979, sustained and cause ordered transferred.

SC83506	State of Missouri, Respondent, vs. Lucinda J. Jones, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57695, denied.

SC83507	State of Missouri, Respondent, vs. Chad P. Bass, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57981, denied.

SC83508	Angel Dequesne, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58098, sustained and cause ordered transferred.

SC83509	In re the Marriage of Terrance LeRoy Horinek and Catherine Marie Horinek Terrance LeRoy Horinek, Petitioner, and Catherine Marie Horinek, Appellant, and Douglas J. and Deanna L. Horinek, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. SD23205, denied.

SC83513	David L. Seaman, Appellant, vs. Rowena D. Seaman, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58227, denied.

SC83514	State of Missouri, Respondent, vs. Larry L. Young, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58171, denied.

SC83515	MECO Systems, Inc., Appellant, and Artisan Construction Services, Inc., Respondent, vs. Dancing Bear Entertainment, Inc., Defendant, Empire Bank, et al., Respondents, and Ronald C. Middleton, et al., Defendants.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23093, denied. Holstein, J., not participating.

SC83517	State of Missouri, Respondent, vs. Justin D. Vance, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58143, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC83434	State ex rel. Randy G. Spencer, Petitioner, vs. The Honorable Jon R. Gray and Mary Anderson, Respondents.
	Petition for writ of certiorari denied. Stith, J., not participating. Petitioner's motion of correction and addendum overruled. Stith, J., not participating.

SC83443	State ex rel. Ottaway Newspapers, Inc., d/b/a The Joplin Globe Publishing Co. and Debby Woodin, Relators, vs. The Honorable John LePage, Associate Judge, McDonald County, Missouri and Gene Hall, Circuit Court Clerk of McDonald County, Missouri, Respondents.
	Petition for writ of prohibition denied. Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC83450	State ex rel. Clarence Jackson, Petitioner, vs. James Purkett, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rules 84.22 and 91.02.

SC83451	State ex rel. Christopher L. Prosser, Petitioner, vs. Gene Stubblefield, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC83452	State ex rel. Elgie L. Long, Sr., et al., Relators, vs. The Honorable W. Stephen Nixon, Judge, Division 5, 16th Judicial Circuit, Respondent.
	Petition for writ of mandamus and/or writ of prohibition denied.

SC83412	State ex rel. James E. Guice, Petitioner, vs. Missouri Board of Probation and Parole, Respondent.
	Petition for declaratory judgment denied.

SC83454	State ex rel. Gary Wallut, Petitioner, vs. The Honorable Dennis A. Rolf, Judge, 15th Judicial Circuit, Respondent.
	Petition for writ of prohibition denied.

SC83428	State ex rel. David Sage, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22. Petitioner's motion for appointment of counsel overruled.

SC83402	State ex rel. Pete Wright, Petitioner, vs. James A. Gammon, Superintendent, Moberly Correctional Center, Respondent.
	Petition for writ of habeas corpus denied.

SC83433	State ex rel. Nathan Young, Petitioner, vs. Larry Rowley, Respondent.
	Petition for writ of habeas corpus denied.

SC83465	State ex rel. Spirtas Company, Relator, vs. The Honorable Margaret M. Neill, Respondent.
	Petition for writ of prohibition or, in the alternative, petition for mandamus denied.

SC83480	State ex rel. Jeremiah W. (Jay) Nixon, Attorney General, Relator, vs. The Honorable Ralph Jaynes, Circuit Judge, Randolph County, and Norma Prange, Circuit Clerk, Randolph County, Respondents.
	Petition for writ of certiorari sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days. Stith, J., not participating. Relator's motion for stay of habeas corpus overruled. Stith, J., not participating.

SC83491	State ex rel. John L. Williams, Jr., Petitioner, vs. Larry Rowley, Respondent.
	Petition for writ of habeas corpus denied.

MOTIONS
SC79112	State of Missouri, Respondent, vs. Andre' D. Morrow, Appellant.
	Appellant's motion to recall the mandate overruled.

SC79735	State of Missouri, Respondent, vs. Joseph Franklin, Appellant.
	Appellant's motion to recall the mandate overruled.

SC83125	Jack Thompson and Tammy Thompson, Appellants, vs. James Schlechter, Defendant, Shelter Mutual Insurance Company and Liberty Mutual Insurance Company, Respondents.
	Respondent Shelter Insurance Company's motion for leave to supplement the record on appeal and file supplemental legal file overruled.

SC83294	Becker Glove International, Inc., Respondent, vs. Jack Dubinsky & Sons, et al., Appellants.
	Respondent's application for increase in bond overruled.

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