Supreme Court of Missouri
en banc

April 5, 2005

OPINION BY WOLFF, J.
SC86110	Mark M. Tendai, M.D., Appellant, vs. Missouri State Board of Registration for the Healing Arts, Respondent.
	REVERSED. White, C.J., Stith, Price and Russell, JJ., concur; Teitelman, J., dissents in separate opinion filed; Limbaugh, J., concurs in opinion of Teitelman, J.

OPINION BY STITH, J.
SC86107	Triarch Industries, Inc., Appellant, vs. Paul A. Crabtree, D/B/A Crabtree Painting, Inc., Respondent.
	AFFIRMED AND REMANDED. All concur.

OPINION BY PRICE, J.
SC86104	United Pharmacal Company of Missouri, Inc., Respondent, vs. Missouri Board of Pharmacy, Appellant.
	REVERSED AND REMANDED. Wolff, Stith and Russell, JJ., concur; White, C.J., concurs in separate opinion filed; Teitelman and Limbaugh, JJ., concur in opinion of White, C.J.

OPINION BY TEITELMAN, J.
SC86408	Rodney Glass and Diane Glass, Respondents, vs. First National Bank of St. Louis, N.A., Appellant.
	CAUSE RETRANSFERRED. White, C.J., Wolff, Stith and Price, JJ., and Brown, Sp.J., concur. Limbaugh and Russell, JJ., not participating.

PER CURIAM
SC86212	In re: James F. Crews, Respondent.
	DISCIPLINE ORDERED. White, C.J., Wolff, Stith, Teitelman, Limbaugh and Russell, JJ., and Gaertner, Sp.J., concur. Price, J., not participating.

MOTIONS FOR REHEARING
SC86116	Henry G. Lane, et al., Appellants, vs. Patricia S. Lensmeyer, Boone County Collector, and Columbia 93 School District, Respondents.
	Appellants' motion for rehearing overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC86591	Kevin Budd, Respondent, vs. Ann Budd, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83640, denied.

SC86599	Leonard Bieri, III, Appellant, vs. Charles J. Gower and Melanie F. Gower, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26492, denied.

SC86600	George Ward Builders, Inc., and Robert Allen, Appellants, vs. City of Lee's Summit, Missouri, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD63347, denied.

SC86601	Nicole R. Kesterson and Philip M. Kesterson, Appellants, vs. Gary R. Wallut, et al., Defendants, State Farm Mutual Automobile Insurance Company and State Farm Fire & Casualty Company, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD63961, denied.

SC86602	John D. Bailey, D.O., Appellant, vs. Dennis J. Abernathie, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD64070, denied.

SC86603	City of St. Joseph, Missouri, Appellant, vs. Village of Country Club, Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63201, sustained and cause ordered transferred.

SC86604	William S. Gomez a/k/a Billy Gomez, Appellant, vs. Construction Design, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD64056, denied.

SC86605	State of Missouri, Respondent, vs. Christopher Joseph Spells, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62768, denied.

SC86606	State of Missouri, Respondent, vs. Harvey E. Smith, Sr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63161, denied.

SC86607	Stephen U. Webb, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62552, denied.

SC86608	Kelvin Ward, Appellant, vs. The Kansas City Southern Railway Company, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD63942, denied.

SC86609	Travis Clark, Appellant, vs. Missouri & Northern Arkansas Railroad Company, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63144, denied.

SC86610	Gill Construction, Inc., Appellant-Respondent, vs. 18th & Vine Authority, Respondent-Appellant, City of Kansas City, Missouri, Respondent.
	Appellant-Respondent's application for transfer from the Missouri Court of Appeals, No. WD62073 (consolidated with WD62076), denied.

SC86612	State of Missouri, Respondent, vs. Edgar T. King, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD63467, denied.

SC86615	Victor A. Cohen, Appellant, vs. Mary H. Moorkamp and Stone, Leyton & Gershman, P.C., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84807, denied.

SC86622	James R. Berger, Appellant, vs. Cameron Mutual Insurance Company, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD64896, sustained and cause ordered transferred.

SC86623	Alumax Foils, Inc., Appellant, vs. Gregory F.X. Daly, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84365, denied.

SC86625	EBO Financial Services, Inc., Appellant, vs. Clear Channel Broadcasting, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84472, denied.

SC86626	HTH Companies, Inc. and Thermaltech, Inc., Appellants, vs. Missouri Department of Labor and Industrial Relations, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED84234, denied.

SC86627	State of Missouri, Respondent, vs. Somer E. Patton, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26222, denied.

SC86628	In the Matter of the Care and Treatment of Rickey Jones, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83931, denied.

SC86629	William H. Shy, Jr., Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84131, denied.

SC86632	Michael Garrone, Respondent, vs. The Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83906, denied.

SC86633	Michael D. Owsley, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84415, denied.

SC86634	Braveheart Real Estate Co., Respondent, vs. Gerald E. Peters, Darlene E. Peters, and Darlene E. Peters, Inc., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED83244, denied.

SC86641	Missouri Mountain Properties, Inc., and GDT CG1, L.L.C., Appellants, vs. Ross Williams, d/b/a Ross Williams Architects, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD26065 & SC26142, sustained and cause ordered transferred.

SC86647	John Verbrugge, Appellant, vs. ABC Seamless Steel Siding, Inc., and ABC Seamless, Inc., Respondents.
	Respondent ABC Seamless Siding, Inc.'s application for transfer from the Missouri Court of Appeals, No. SD26169, denied.

SC86650	Mark DeVille, Respondent, vs. Hiland Dairy Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26188, denied.

SC86651	Evelyn Jolly, Natural Mother and Next Friend of Ashley Rae Jolly, Minor, Appellant, vs. Steven R. Clarkson, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26118, denied.

SC86656	Damien F. McManemin, Appellant, vs. John McMillin, M.D., et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26004, denied.

SC86659	Don Paul Rhodes, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26166, denied.

SC86660	Laurence G. Bonner, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED84075, denied.

SC86662	In re the Marriage of: Justin Scott Buchanan and Jaclyn Ann Buchanan Justin Scott Buchanan, Appellant, vs. Jaclyn Ann Buchanan, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26049, sustained and cause ordered transferred.

SC86665	Chandrika C. Collins and Chad T. Collins, Appellants, vs. Missouri Bar Plan, as defendant ad litem for Barry Anderson, et al., Respondents, Samuel C. Totaro, Jr., et al., Defendants.
	Respondents Sanford P. Krigel and Krigel and Krigel, P.C.'s application for transfer from the Missouri Court of Appeals, No. WD63003, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC86535	State ex rel. Mary Kay Morrow, Relator, vs. The Honorable Edith L. Messina, Respondent.
	Petition for writ of prohibition denied. Russell, J., not participating.

SC86546	State ex rel. Timothy Spurgeon, Relator, vs. The Honorable William Camm Seay, Respondent.
	Petition for writ of mandamus denied.

SC86517	State ex rel. Lobester J. Loggins, Relator, vs. James Purkett, Respondent.
	Petition for writ of habeas corpus denied. Relator's request for appointment of counsel overruled.

SC86574	State ex rel. Rodger Sansoucie, Relator, vs. The Honorable Dennis J. Kehm, Respondent.
	Petition for writ of mandamus denied.

SC86582	State ex rel. Keenon Giles, Relator, vs. Denis Agniel, Chairman, Missouri Board of Probation and Parole, Respondent.
	Petition for writ of mandamus denied.

SC86578	State ex rel. Jerry Lynn Parker, Petitioner, vs. Michael Bowersox and/or The Missouri Supreme Court, Respondents.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rules 91.02 and 84.22.

SC86630	State ex rel. Ted Eddie Weeks, Petitioner, vs. Missouri State Attorney General, Respondent.
	Petition for writ of mandamus denied. Petitioner's motion for preliminary order of mandamus overruled as moot. Petitioner's independent motion in equity to set aside judgment and record on appeal pursuant to RSMO 74.06(d) overruled as moot.

SC86636	State ex rel. Ernest Johnson, Relator, vs. The Honorable Gene Hamilton, Respondent.
	Petition for writ of mandamus denied.

SC86637	State ex rel. Christopher Prosser, Relator, vs. The Honorable David Vincent, III, Respondents.
	Petition for writ of prohibition denied.

SC86638	State ex rel. Edward Raifsnider, a/k/a Edward Thomas, Petitioner, vs. Phelps, Maries, and Pulaski Counties of the State of Missouri, Respondents.
	Petition for writ of error coram nobis or in the alternative petition for writ of mandamus denied.

SC86631	State ex rel. Bruce A. Roath, Relator, vs. Missouri Court of Appeals, W.D., Respondent.
	Petition for emergency writ of mandamus denied. Relator's motion to expedite overruled as moot.

SC86613	State ex rel. Russell L. Epperson, Petitioner, vs. James A. Gammon, Superintendent, and Missouri Board of Probation and Parole, Respondents.
	Petition for writ of habeas corpus denied.

SC86657	State ex rel. River Cement Company, Relator, vs. The Labor and Industrial Relations Commission, Respondent.
	Petition for writ of prohibition and/or alternative petition in mandamus denied.

SC86658	State ex rel. River Cement Company, Relator, vs. The Labor and Industrial Relations Commission, Respondent.
	Petition for writ of prohibition and/or alternative petition in mandamus denied.

MOTIONS
SC81748	State of Missouri, Respondent, vs. Leon Taylor, Appellant.
	Appellant's motion to recall the mandate overruled.

SC78086	State of Missouri, Respondent, vs. Leon V. Taylor, Appellant.
	Appellant's motion to recall the mandate overruled.

SC71264	State of Missouri, Respondent, vs. Vernon Brown, Appellant.
	Appellant's verified motion to reconsider denial of Appellant's motion to recall the mandate and request for court order overruled. White, C.J., not participating.

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