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Minutes of June 1, 1999
Supreme Court of Missouri
en banc

June 1, 1999

OPINION BY LIMBAUGH, J.

80667
Kathryn Rodriguez, Respondent, vs. Suzuki Motor Corporation, et al., Appellants, Deborah Dubis, Respondent.

REVERSED AND REMANDED. Benton, C.J., Price, Covington and Holstein, JJ., and Crow, Sp.J., concur; White, J., dissents in separate opinion filed. Wolff, J., not participating.


OPINION BY LIMBAUGH, J.

80821
State of Missouri, Respondent, vs. Carmen L. Deck, Appellant.

AFFIRMED. All concur.


OPINION BY WHITE, J.

80862
Conservation Federation of Missouri, et al., Appellants, vs. Richard A. Hanson, et al., Respondents.

REVERSED AND REMANDED. Benton, C.J., Price, Limbaugh and Covington, JJ., and Shrum and Crandall, Sp.JJ., concur. Holstein and Wolff, JJ., not participating.


OPINION BY WHITE, J.

81192
State ex rel. Daniel J. Cohen, et al., Relators, vs. The Honorable John J. Riley, Presiding Judge of Division 3 of the Missouri Circuit Court for the Twenty-Second Judicial Circuit, Respondent.

ALTERNATIVE ORDER MADE PEREMPTORY; PETITION DENIED IN PART. Benton, C.J., Limbaugh, Covington and Holstein, JJ., concur; Wolff, J., concurs in separate opinion filed; Price, J., dissents in separate opinion filed.


OPINION PER CURIAM

81322
Kenneth M. Weinstock, Respondent/Cross-Appellant, vs. Bob Holden, Treasurer for the State of Missouri, and Jeremiah Nixon, Attorney General for the State of Missouri, Appellants/Cross-Respondents, and Senator John D. Schneider, Respondent.

AFFIRMED. Benton, C.J., Price, Covington, White, Holstein and Wolff, JJ., concur; Limbaugh, J., concurs in separate opinion filed.


MOTIONS FOR REHEARING

81236
Robert Eugene Dierkes and Emma H. Dierkes, et al., Appellants, vs. Blue Cross and Blue Shield of Missouri and Rightchoice Managed Care, Inc., d/b/a Alliance Blue Cross Blue Shield, Respondents.

Respondents’ motion for rehearing overruled.


APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

81539
James Cade, Respondent, vs. State of Missouri, Department of Social Services, and Gary Stangler, Director, Missouri Department of Social Services, Appellants.

Respondent's application for transfer from the Missouri Court of Appeals, Western District No. 55427, denied.


81540
Roger Williams, et al., Appellants, vs. Billy Joe Rape, et ux., Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, Western District No. 55371, denied.


81541
Cotner Productions, Inc., and Steve Litman Productions, Inc., Respondents, vs. Gary W. Snadon and Patsy Snadon, Husband and Wife, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, Southern District No. 22124, denied.


81481
Craig S. Adams, Appellant, vs. The Examiner, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 56124, denied.


81544
State of Missouri, Respondent, vs. Ricky L. Kidd, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 54381, denied.


81545
State of Missouri, Respondent, vs. Gary D. Edgington, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 55171, denied.


81546
Community Water Company, Inc., Appellant, vs. Public Water Supply District No. 17, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 55490, denied.


81547
In the Interest of T.H., A.H., A.N.H., and A.M.H., Anne Schubert, Deputy Juvenile Officer of Greene County, Respondent, vs. K.H., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Southern District No. 22470, denied.


81548
River Fleets, Inc., Appellant, vs. Sam Carter, Chairman, Board of Trustees, Petroleum Storage Tank Insurance Fund, and Janette Lohmann, Director, Department of Revenue, Respondents.

Respondents' application for transfer from the Missouri Court of Appeals, Western District No. 55753, denied.


81549
Valentine-Radford, Inc., et al., Respondents, vs. American Motorists Insurance Company, Appellant.

Respondents' application for transfer from the Missouri Court of Appeals, Western District No. 54373, denied.


81550
Herbert H. Ford, Jr., and Diana Ford, Appellants, vs. Stephen M. Gordon, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, Western District No. 54607, denied.


81552
Renee Hochanadel Hall, Appellant, vs. Sakina Hussain, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 55433, denied.


81553
State of Missouri, Respondent, vs. Dale T. Stanley, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, Western District No. 55009, denied.


81554
Ford Motor Credit Company, Respondent, vs. Allstate Insurance Company, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 55892, sustained and cause ordered transferred.


81555
State of Missouri, Respondent, vs. Ronald Dennis, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 55041, denied.


81556
Earl Holland, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 74412, denied.


81559
Bobby and Cheryl Soper and Staton Dean Soper b/n/f Bobby Soper, Appellants, vs. Ronald J. Bopp, M.D., and Women's Clinic of Joplin, Inc., a Missouri Corporation, Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, Southern District No. 22313, denied.


81560
In re the Estate of Chalmer Eugene Parker, Deceased.
Gregory Parker, Gary Parker, and Patsy J. Piper, Appellants, vs. Lois A. Clayton, Personal Representative of the Estate, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, Southern District No. 22366, denied.


81561
Ronald Eric Gregg, Respondent, vs. John P. Georgacopoulos, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, Southern District No. 22255, denied.


81564
In the Estate of Helen Straube, G. Lloyd Williams, Respondent, vs. Raymond Barber and Carole Descoteaux, Appellants.

Respondent's application for transfer from the Missouri Court of Appeals, Eastern District Nos. 74051 and 74067, denied.


81565
In re the Marriage of Raymond J. Tullier and Elizabeth A. Tullier.
Raymond J. Tullier, Appellant, vs. Elizabeth A. Tullier, Respondent. Appellant's application for transfer from the Missouri Court of Appeals, Southern District No. 22290, denied.


81566
R. Douglas Stiff and Laura W. Stiff, Respondents, vs. Robert H. Stiff, Jr., and B.T. Bones Branson Steakhouse, Inc., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, Southern District No. 22176, denied.


81567
Shannon Hill, a minor by and through his Natural Mother and Next Friend Voy Hill, and Voy Hill, Respondents, vs. Herbert Hoover Boys Club, Appellant.

Respondents' application for transfer from the Missouri Court of Appeals, Eastern District No. 73083, denied.


81568
Sterling Lacquer Manufacturing Co., Respondent/Cross-Appellant, vs. J. Lee Witengier, d/b/a Microdyne Products Co., Appellant/Cross-Respondent.

Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, Eastern District Nos. 74244 and 74245, denied.


81569
David Brigham, et al., Appellants, vs. City of Town & Country, et al., Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, Eastern District No. 74004, denied.


81570
Evelyn Goodlow, Respondent, vs. Clayton Development Corporation, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73854, sustained and cause ordered transferred. Cause ordered retransferred to the Missouri Court of Appeals, Eastern District, for reconsideration of the issues raised in the application for transfer in light of Rodriguez vs. Suzuki Motor Corporation, et al., Deborah Dubis, No. 80667
(Banc June 1, 1999).


81571
Judith A. McDaniel, Appellant, vs. Blue Cross Blue Shield of Missouri, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, Eastern District No. 74151, denied.


81572
Contractor Success Group, Inc., Appellant/Cross-Respondent, vs. Jimmy's, Inc., d/b/a Airpro Heating and Air Conditioning and Dirty Ducts, Inc., Respondents/Cross-Appellants.

Respondents/Cross-Appellants' application for transfer from the Missouri Court of Appeals, Eastern District Nos. 73987 and 74023, denied.


81573
State of Missouri, Respondent, vs. Emory Futo, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73500, denied.


81574
Raymond Westhouse, Appellant, vs. Mary Ann Biondo, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 74213, denied.


81575
In the Interest of: L.C. and L.B., Juveniles.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73936, denied.


81576
State of Missouri, Respondent, vs. Barbara Jackson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73181, denied.


81578
In re the Marriage of Rex L. Medlock and Nancy S. Medlock.
Rex L. Medlock, Appellant, vs. Nancy S. Medlock, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Southern District Nos. 22031 and 22045, denied.


81583
Terrie Lee Smillie, Respondent, vs. Donald Glynn Smillie, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, Southern District No. 22389, denied.


81598
Jodie Lynn Mahan, Respondent, vs. Andrew Hugh Mahan, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 75298, denied.


81601
David Rugg and Michael Marrs, Respondents, vs. City of Carrollton, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 55779, denied.


81602
Sharrie L. Popa, Respondent, vs. William T., William E., and Eleanor Popa, Appellants.

Respondent's application for transfer from the Missouri Court of Appeals, Western District No. 54121, denied. Holstein, J., not participating.


81606
Rick Armstrong, et al., Appellants, vs. Adair County, Missouri, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, Western District No. 55814, denied.


81608
State of Missouri, Respondent, vs. Marlon Redmond, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73481, denied.


81609
Michael R. Smith, Appellant, vs. Director of Revenue, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 55685, denied.


81610
John C. Hemeyer, Sheriff of Cole County, Respondent, vs. KRCG-TV, Appellant, Jeremiah Nixon, Amicus Curiae.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 54950, sustained and cause ordered transferred.
Covington, J., not participating.


81611
State of Missouri, Respondent, vs. Jeffrey W. Gardner, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, Western District No. 54881, sustained and cause ordered transferred.


81614
State of Missouri, Respondent, vs. O.E. (Gene) Owen, Appellant.

Respondent’s application for transfer from the Missouri Court of Appeals, Western District No. 56144, denied. Covington, J., not participating.


81618
State of Missouri, ex rel. Melissa A. Stotler and Ann Stotler, Respondents, vs. Brian J. Huber, Appellant.

Appellant’s application for transfer from the Missouri Court of Appeals, Eastern District No. 73381, denied.


81619
James Chalk, Appellant, vs. State of Missouri, Respondent.

Appellant’s application for transfer from the Missouri Court of Appeals, Eastern District No. 74876, denied.


WRITS AND OTHER ORIGINAL PROCEEDINGS

81538
State ex rel. Randy Spencer, Petitioner, vs. Brian Goeke, et al., Respondents.

Petition for writ of habeas corpus denied.


81515
State ex rel. Melvin Leroy Tyler, Petitioner, vs. Dora B. Schriro, et al., Respondents.

Petition for writ of habeas corpus denied.

Petitioner’s motion for appointment of counsel and appointment of a master overruled.


81507
State ex rel. Tyrone Hill, Petitioner, vs. Lynda Bryant, Respondent.

Petition for writ of habeas corpus denied.


81508
State ex rel. Jerome Coleman, Petitioner, vs. Dora B. Schriro, et al., Respondents.

Petition for writ of habeas corpus denied.

Petitioner’s motion for appointment of counsel overruled.

Petitioner’s request for hearing on motion overruled.


81558
State ex rel. Dewey J. Johnson and Connie Johnson, Relators, vs. The Honorable J.D. Williamson, Jr., 16th Judicial Circuit of Missouri and The Honorable Douglas E. Long, Jr., Presiding Judge, 25th Judicial Circuit of Missouri, Respondents.

Petition for writ of mandamus denied.


81499
State ex rel. Lionel A. Harpe, Petitioner, vs. Dave Dormire, Respondent.

Petition for writ of habeas corpus denied.


81562
State ex rel. James F. Dooley, Petitioner, vs. Gene Stubblefield, Superintendent, Respondent.

Petition for writ of habeas corpus denied.


81579
State ex rel. Robert Snyder, Petitioner, vs. Chief Judge Patricia Breckenridge, and Missouri Court of Appeals, Western District, Respondents.

Petition for writ of mandamus denied.


81580
State ex rel. Charles D. Wheat, Petitioner, vs. Steven E. Moore, Acting Superintendent, Western Missouri Correctional Center, Respondent.

Petition for writ of habeas corpus denied.


81543
State ex rel. Christopher W. Runnels, Petitioner, vs. Gene Stubblefield, Respondent.

Petition for writ of habeas corpus denied.


81593
State ex rel. James Granberry, Petitioner, vs. Larry Rowley, Superintendent, North Eastern Correctional Center, et al., Respondents.

Petition for writ of habeas corpus denied.


81594
State ex rel. Gregory Lenox, Petitioner, vs. Lynda Taylor, Respondent.

Petition for writ of habeas corpus denied without prejudice pursuant to Missouri Supreme Court Rule 84.22.


81542
State ex rel. Neil Schleeper, Petitioner, vs. Michael Bowersox, Respondent.

Petition for writ of habeas corpus denied.


81607
State ex rel. Cyril Kolocotronis, Petitioner, vs. Acting Superintendent Felix Vincenz, Ph.D., Fulton State Hospital, Respondent.

Petition for writ of habeas corpus denied.

Petitioner’s motion to consider all claims overruled.


81587
State ex rel. Melvin Leroy Tyler, Petitioner, vs. Dora Schriro, Director, Missouri Department of Corrections, Respondent.

Petition for writ of habeas corpus denied.


81617
State ex rel. McCarthy Brothers Company, et al., Relators, vs. The Honorable Kenneth M. Romines, Judge, 21st Judicial Circuit, Respondent.

Petition for preliminary order in and permanent writ of mandamus or, in the alternative, for preliminary order in and permanent writ of prohibition denied.


MOTIONS

81478
James Henry Hampton, Appellant, vs. State of Missouri, Respondent.

Appellant’s motion for evaluation of James Henry Hampton as to competency to prosecute appeal and as to competency to request that the stay of execution be lifted and for appointment of a limited guardian ad litem for James Henry Hampton for purposes of prosecuting appeal ordered taken with the case.

Day - to - Day,

Duane Benton, Chief Justice

The next regular conference of Court en Banc will be June 29, 1999.

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