Supreme Court of Missouri
en banc

February 24, 2004

OPINION BY TEITELMAN, J.
SC85534	State ex rel. James Green, M.D., T. Isakson, M.D., and Christina L. Litherland, M.D., Relators, vs. The Honorable Margaret M. Neill, Presiding Judge, Twenty-Second Judicial Circuit of Missouri, Respondent. PRELIMINARY WRIT IS MADE ABSOLUTE. All concur.

SC85115	William Gomez, Respondent-Appellant, vs. Construction Design, Inc., Appellant-Respondent.
	Appellant-Respondent's motion for rehearing overruled.

SC85386	Thomas Pierson, Respondent, vs. Treasurer of the State of Missouri as Custodian of the Second Injury Fund, Appellant.
	Joint motion of the parties for rehearing and alternatively, motion to modify opinion overruled. Opinion modified on Court's own motion. Teitelman, J., not participating.

SC85355	State of Missouri, Respondent, vs. Paul E. Williams, Appellant.
	Respondent's motion for rehearing overruled. Opinion modified on Court's own motion.

SC85392	Eric Krugh and Joseph Krugh, Appellants, vs. Don Hannah, Lake Ozark Construction Industries, Defendant, and Millstone Marina Service, L.L.C., Respondent.
	Respondent's motion for rehearing overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC85777	Leonard Bieri, III, Appellant, vs. Charles Gower and Melanie Gower, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25641, denied.

SC85786	Thoi Phan, Appellant, vs. Paul M. Terry, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81917, denied.

SC85790	John Calvin Wright, IV, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25244, denied.

SC85791	United Capitol Insurance Company, Respondent, vs. Hoodco, Inc., Appellant, and Robert Cockerham, David Cooper and Brown & James, P.C., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82718, denied.

SC85792	In the Interest of: A.S.W.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82703, sustained and cause ordered transferred.

SC85793	Todd M. Johnson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25544, denied.

SC85797	State of Missouri, Respondent, vs. Roy Taylor, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80125, denied.

SC85798	Sarah Margolis, Respondent, vs. Thomas Steinberg, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81359, denied.

SC85799	Janice Godefroid, et al., Respondents, vs. The Kiesel Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81980, sustained and cause ordered transferred.

SC85800	State of Missouri, Respondent, vs. Lonnie Moss, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82717, denied.

SC85801	Billy R. Martinez, et al., Appellants/Cross-Respondents, vs. National Union Fire Insurance Company, et al., Respondents/Cross-Appellants.
	Respondents/Cross-Appellants' application for transfer from the Missouri Court of Appeals, No. ED81788, denied.

SC85802	Alan J. Baker and Lary Baker, Trustees of the Baker Family Trust, Appellants, vs. The City of University City, Missouri, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED81412, denied.

SC85807	State of Missouri, Respondent, vs. David L. Sanders, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61432, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC85730	State ex rel. Ray Kruse Construction Co., Inc., Relator, vs. The Honorable Margaret M. Neill, Judge, Circuit Court of The City of St. Louis, Missouri, Division 1, Respondent.
	Petition for writ of mandamus or, in the alternative, writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC85754	State ex rel. Marvin G. Mason, Petitioner, vs. William (Bill) Burgess, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion to shorten time limitations overruled.

SC85774	State ex rel. The Coleman Company, Inc., Relator, vs. The Honorable Michael P. David, Respondent.
	Petition for writ of prohibition denied. Benton, J., not participating.

SC85779	State ex rel. Craig D. Hunter, Relator, vs. Missouri Court of Appeals, Western District, Terence G. Lord, and Jeremiah Nixon, Attorney General, Respondents.
	Petition for writ of mandamus denied.

SC85805	State ex rel. Craig M. Trussell, Petitioner, vs. Michael Bowersox, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC85811	State ex rel. Mazda Motor Corporation and Mazda Motor of America, Inc., Relators, vs. The Honorable Michael P. David, Respondent.
	Petition for writ of prohibition denied.

MOTIONS
SC85803	Kevin Dale Sexton, Appellant, vs. Jenkins & Associates, Inc., Defendant, Steve Sloniker, et al., Respondents.
	Respondents' motion to dismiss or, in the alternative, transfer to the Missouri Court of Appeals, Western District, ordered taken with the case.

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