Supreme Court of Missouri
en banc

June 27, 2000

OPINION BY PRICE, C.J.
SC81985	Joshua Avidan, Appellant, vs. Transit Casualty Company, in receivership, J. Burleigh Arnold, special deputy receiver, in his personal and official capacities, Respondents.
	REVERSED AND REMANDED. All concur.

OPINION BY WHITE, J.
SC81859	Joseph Paul Franklin, Appellant, vs. State of Missouri, Respondent.
	AFFIRMED. All concur.

PER CURIAM
SC82061	State ex rel. James S. Teefey and Agri-Lawn, Inc., Respondents, vs. Board of Zoning Adjustment of Kansas City, Missouri, et al., Appellants.
	REVERSED AND REMANDED. Limbaugh, Covington, White, Wolff and Benton, JJ., and Simon and Crandall, Sp.JJ., concur. Price, C.J., and Holstein, J., not participating.

MOTIONS FOR REHEARING
SC78609	State of Missouri, Respondent, vs. Jeffrey Ferguson, Appellant.
	Appellant's motion for rehearing overruled. Execution set for September 29, 2000.

SC82390	Lauren Suffian, F/K/A Lauren Usher, Respondent, vs. David R. Usher, Appellant.
	Appellant's motion for rehearing overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC82596	Glenn Leroy Burnett, Appellant-Respondent, vs. Sheryl Lois Burnett, Respondent-Appellant.
	Respondent-Appellant's application for transfer from the Missouri Court of Appeals, Nos. WD56368 and WD56477, denied.

SC82599	KV Pharmaceutical Company, Appellant, vs. Missouri State Board of Pharmacy, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD56948, sustained and cause ordered transferred.

SC82600	City of Excelsior Springs and Land Clearance for Redevelopment Authority of Excelsior Springs, Respondents, vs. Elms Redevelopment Corporation, et al., Defendants, Linda Snider, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD54862, denied.

SC82601	City of Excelsior Springs, Missouri, et al., Appellants, vs. Elms Redevelopment Corporation, et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD57204, denied.

SC82602	Garry V. Giddens, Respondent, vs. The Kansas City Southern Railway Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD55657, sustained and cause ordered transferred. Price, C.J., and Holstein, J., not participating.

SC82606	State of Missouri, Respondent, vs. Jerome R. Scott, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD56730, denied.

SC82607	State of Missouri, Respondent, vs. Frank Anderson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD56504, denied.

SC82608	State of Missouri, Respondent, vs. Kevin T. Hamilton, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57134, denied.

SC82609	Christopher C. Butler, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57294, denied.

SC82610	Jeremy A. Henke, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57533, denied.

SC82611	State of Missouri, Respondent, vs. Larna Lue Edwards, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD55243, sustained and cause ordered transferred. Covington, J., not participating.

SC82612	State of Missouri, Respondent, vs. Kimber L. Daniels, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD56933, denied.

SC82613	Central Missouri Electric Cooperative, Respondent, vs. Richard Wayne and Ruth Balke, Appellants.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD56762, denied.

SC82614	Nationsbank, N.A., n/k/a Bank of America, N.A., Respondent, vs. James Tegethoff, Jr., et al., Appellants, United Way of Greater St. Louis, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED76380, denied.

SC82615	McNeill Trucking Company, Inc., and Roy Golden, Appellants, vs. Missouri State Highway and Transportation Commission, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, Nos. SD22829 and SD22844, sustained and cause ordered transferred.

SC82616	H.R.B. and B.B., Respondents, vs. Archbishop Justin Rigali, in his representative capacity for the Archdiocese of St. Louis, Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED76365, denied.

SC82617	State of Missouri, Respondent, vs. Richard Weddle, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED76146, denied.

SC82618	MFA Oil Company, Respondent, vs. Robertson-Williams Transport, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57115, denied.

SC82619	Winbury Realty of K.C., Inc., Respondent, vs. Distribution Services and Storage, Inc., Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD56441, sustained and cause ordered transferred.

SC82620	Rose Holloway, Appellant, vs. Cameron Community Hospital, Inc., and Frederick Kiehl, D.O., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD57064, denied.

SC82621	State of Missouri, Respondent, vs. Darla Gentsch, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD56865, denied.

SC82622	Gerald Warren, Appellant, vs. Washington University and Richard D. Wetzel, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76366, denied.

SC82623	Jeffrey A. Kasch, Appellant, vs. Director of Revenue, State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76285, denied.

SC82624	Elizabeth Eisenberg, Appellant, vs. Charles Redd, Barnet M. McKee, and Brad Goss, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75983, sustained and cause ordered transferred.

SC82625	Arnold Flippin, et al., Respondents, vs. Coleman Trucking, Inc., Respondent, International Business & Mercantile Reassurance Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75907, denied.

SC82626	David G. Kennedy, M.D., and David G. Kennedy, M.D., P.C., Appellants, vs. Microsurgery and Brian Research Institute and Gregory J. Bailey, M.D., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED76513, denied.

SC82627	State of Missouri, Respondent, vs. Samuel Martin, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75277, denied.

SC82629	State of Missouri, Respondent, vs. James Fields, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75750, denied.

SC82630	St. Louis County, Missouri, Respondent, vs. B.A.P., Incorporated, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75241, denied.

SC82632	State of Missouri, Respondent, vs. Lewis Williams, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76204, denied.

SC82636	State of Missouri, ex rel. Jeremiah W. (Jay) Nixon, Attorney General, Respondent, vs. Beer Nuts, Ltd., d/b/a Hog's Head Beer Cellars, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76192, sustained and cause ordered transferred. Price, C.J., and Holstein, J., not participating.

SC82637	State of Missouri, Respondent, vs. George Brown, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75894, denied.

SC82638	Terrell Williams, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76416, denied.

SC82639	State of Missouri, Respondent, vs. Scott Edward Brown, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75803, denied.

SC82640	Taylor & Associates Reporting, Inc., Respondent, vs. James W. O'Herin, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75932, denied.

SC82643	Phillip D. Washington, Respondent, vs. Ernestine Washington, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED76924, denied.

SC82644	State of Missouri, Respondent, vs. Manu Patel, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75533, denied.

SC82645	State of Missouri, Respondent, vs. Brian Stewart, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75655, denied.

SC82652	State of Missouri, Respondent, vs. Mabelen Shaw, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75866, denied.

SC82653	City of Bridgeton Appellant, vs. City of St. Louis, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76505, denied.

SC82655	Carl E. Sassmann, et al., Respondents, vs. Marvin H. Kahle, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75443, denied.

SC82656	State of Missouri, Respondent, vs. Ulysses Ray Deckard, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD22312, denied.

SC82657	Martha Lou Montgomery, Appellant, vs. H. P. Montgomery, Jr., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, Nos. SD22896 and SD22917, denied.

SC82658	Investors Title Company, Appellant, vs. Chicago Title Insurance Company and Chicago Title and Trust Company, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, Nos. ED76232 and ED76296, denied.

SC82659	William K. Landolt and Jeri F. Landolt, et al., Respondents, vs. Glendale Shooting Club, Inc., Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED76728, denied.

SC82660	Melvin Leroy Tyler, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75368, denied.

SC82661	Jenkad Enterprises, Inc., Respondent, vs. Transportation Insurance Co., Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED76437, denied.

SC82662	State of Missouri, ex rel. Ripley County, Missouri, Relator, vs. The Honorable R. Jack Garrett, Judge of the Circuit Court of Carter County, Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD23241, denied.

SC82664	State of Missouri, Respondent, vs. Eugene Bickley, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75988, denied.

SC82666	Antonio Bell, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76433, denied.

SC82667	State of Missouri, Respondent, vs. Richard Dean Floyd, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD22598, denied.

SC82668	Milton Williams, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76374, denied.

SC82671	Melinda Tate, Appellant, vs. Department of Social Services, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75314, denied.

SC82672	Howard Simpson, Appellant, vs. INDOPCO, Inc., d/b/a National Starch and Chemical Company, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57149, denied.

SC82679	Claude Willis, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76861, denied.

SC82681	State of Missouri, Respondent, vs. James Howard, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75069, denied.

SC82682	State of Missouri, Respondent, vs. William Gully, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD22989, denied.

SC82683	Herbert Bowens, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED75381, denied.

SC82684	Benjamin Tracy Kind, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57059, denied.

SC82685	American Standard Insurance Company, Appellant, vs. Jeanette Hargrave, et al., Respondents.
	Respondent Jeanette Hargrave's application for transfer from the Missouri Court of Appeals, No. WD57296, sustained and cause ordered transferred. Respondents Rodney Hargrave, et al.'s application for transfer from the Missouri Court of Appeals, No. WD57296, sustained and cause ordered transferred.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC82598	State ex rel. Mose Young, Petitioner, vs. Al Luebbers, Superintendent, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's application for stay of execution of a sentence of death overruled.

SC82631	State ex rel. Donna R. Lawson, Relator, vs. The Honorable Calvin R. Holden, Judge, Circuit Court of Greene County, Missouri, Respondent.
	Petition for writ of prohibition and/or mandamus denied.

SC82633	State ex rel. Richard Lynn Dopp, Petitioner, vs. The Honorable Joseph W. Schoeberl, Judge, 29th Judicial Circuit, Respondent.
	Petition for writ of mandamus and alternative relief denied.

SC82635	State ex rel. Michael T. Flynn, Relator, vs. The Honorable J. Rockne Calhoun, Associate Circuit Judge, Lincoln County, and Jim Johnson, Lincoln County Sheriff, Respondents.
	Petition for writ of habeas corpus denied. Relator's motion to expedite writ of habeas corpus overruled.

SC82646	State ex rel. Derrick L. Walls, Relator, vs. The Honorable Joseph B. Phillips, Acting Circuit Judge, Vernon County, Missouri, Respondent.
	Petition for preliminary writ of prohibition and hearing denied.

SC82605	State ex rel. Mark D. Shanz, Petitioner, vs. Stewart V. Epps, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC82576	State ex rel. Bobby Lee Smith, Petitioner, vs. Gene Stubblefield, Respondent.
	Petition for writ of habeas corpus denied.

SC82654	State ex rel. Patrick Willard Perry, Petitioner, vs. Wanda Burns, et al., Respondents.
	Petition for writ of mandamus denied.

SC82665	State ex rel. Machine Maintenance, Inc., Relator, vs. The Honorable Margaret M. Neill, Judge, Circuit Court of City of St. Louis, Missouri, Respondent.
	Petition for writ of prohibition and in the alternative for writ of mandamus denied.

SC82669	State ex rel. Joseph D. Armstrong, Relator, vs. The Honorable David C. Mason, Judge, Circuit Court of City of St. Louis, Missouri, Respondent.
	Petition for writ of prohibition sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days. Holstein, J., not participating.

SC82676	State ex rel. Gordon Knight, D.O., Relator, vs. The Honorable Philip J. Sweeney, Judge, Circuit Court of St. Louis County, Division 18, Respondent.
	Petition for writ of prohibition denied.

MOTIONS
SC77481	State of Missouri, Respondent, vs. Donald Joe Hall, Appellant.
	Appellant's second motion to recall the mandate overruled.

SC82280	Barry S. Schermer, Respondent, vs. Dorsett H. Gant, Appellant, and Gwynlyn H. Gant, Defendant.
	Appellant's motion to compel production of transcript and to set aside Circuit court order prohibiting indigent Appellant from obtaining transcript overruled. Appellant's motion that the 7 member jurists en banc of this Supreme Court correct the erroneous acts and errors of obstruction of justice overruled. Appellant's motion for appointment of counsel overruled.

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