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Minutes of March 23, 1999

Supreme Court of Missouri
en banc

March 23, 1999


MOTIONS FOR REHEARING

80861
George Riche, Appellant, vs. Director of Revenue, Respondent.

Appellant’s motion for rehearing overruled.


80200
State of Missouri, Respondent, vs. Walter Timothy Storey, Appellant.

Appellant’s motion for rehearing of Point I overruled. Opinion modified on Courts own motion.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

81406
State of Missouri, Respondent, vs. Stephen L. Finster, Appellant.
Stephen L. Finster, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Southern District Nos. 19139 and 20453, denied.


81408
Donald R. Martin, Appellant, vs. United States Fidelity and Guaranty Company, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 55439, sustained and cause ordered transferred.


81412
Ray and Diane Magruder, Appellants, vs. Shelter Insurance Company, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, Western District No. 55961, denied.


81413
State of Missouri, Respondent, vs. Antwain Washington, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 55095, denied.


81415
Foremost Insurance Company, Appellant, vs. Public Service Commission of Missouri, et al., Respondents.

Respondent James Phillips' application for transfer from the Missouri Court of Appeals, Western District No. 54864, denied.


81416
State of Missouri, Appellant, vs. Dennis M. Burns, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, Western District No. 55374, sustained and cause ordered transferred.


81417
Karen L. Hill, Respondent, vs. Director of Revenue, State of Missouri, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, Western District No. 55128, denied.


81419
Adrienne Corley Johnson, Appellant, vs. Division of Adult Institutions, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 55213, denied.


81420
Aaron Robinson, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 54957, denied.


81421
State of Missouri, Respondent, vs. Filiberto L. Rodriguez, Jr., Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, Western District No. 54756, denied.


81422
State of Missouri, Respondent, vs. Rory L. Griggs, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 54594, sustained and cause ordered transferred.


81423
Marie Smith, Appellant, vs. Bill Smith, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, Western District No. 53468, denied.


81425
State of Missouri, Respondent, vs. Steven Hendrix, et al., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, Western District No. 55375, denied.


81427
State of Missouri, Respondent, vs. Mark Reid, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 53557, denied.


81431
State of Missouri, ex rel. Drury Displays, Inc., Respondent, vs. City of Shrewsbury, a Municipal Corporation, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, Eastern District No. 73837, denied.


81433
In Re The Marriage Of:
John L. Putnam, Appellant, vs. Dienna A. Putnam, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Southern District Nos. 22108, 22123, 22321, and 22340, denied.


81437
The Curators of the University of Missouri, et al., Respondents, vs. St. Charles County, et al., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, Eastern District No. 74236, denied.


81439
State of Missouri, Respondent, vs. David Rasche, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73992, denied.


81441
State of Missouri, Respondent, vs. James Pfingsten, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District Nos. 68738 and 73709, denied.


81442
In re the Marriage of Rose Marie Gerhard and Paul Christopher Gerhard.
Rose Marie Gerhard, Respondent/Cross-Appellant, vs. Paul Christopher Gerhard, Appellant/Cross-Respondent.

Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, Southern District Nos. 22246 and 22259, denied.


81443
State of Missouri ex rel. Lester E. Cox Medical Center, Appellant, vs. Robert E. Wieland, Administrative Law Judge, Division of Workers' Compensation, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Southern District No. 22296, denied.


81444
Nonley Maxwell, Respondent, vs. City of Hayti, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, Southern District No. 21983, denied.


81445
Randy A. Plunkett, Appellant, vs. York Products and St. Paul Fire & Marine Insurance Company, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, Southern District No. 22241, denied.


81449
Richard White, Michelle White, and Michael White, Respondents, vs. Lynn White, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73696, denied.


81450
Mary Susan Field, f/k/a Redfield, Respondent, vs. Robert Allen Redfield, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, Eastern District No. 74271, denied.


81451
City of St. Louis, Respondent, vs. Joseph Hughes, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73877, denied.


81454
State of Missouri, Respondent, vs. Michael Miller, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73189, denied.


81456
66, Inc., Appellant, vs. Crestwood Commons Redevelopment Corporation, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73626, sustained and cause ordered transferred.


81457
Shantay Buckhanan, by and through her next friend and guardian, Carolyn Buckhanan, Appellant, vs. Westbury Ob-Gyn, Inc., Defendant, SSM Health Care, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73953, denied.


81458
Halls Ferry Investments, Inc., Respondent, vs. Elmo Smith, et al., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, Eastern District No. 73596, denied.


81459
Craig R. Lancaster, Appellant, vs. Gene Stubblefield and Paul J. Morrison, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 74064, denied.


81460
Ironite Products Co., Inc., and Gas Sweetner Associates, Inc., d/b/a Sulfatreat Company, Appellants, vs. Alvin Samuels and Mark Samuels, Respondents.

Respondents' application for transfer from the Missouri Court of Appeals, Eastern District No. 73457, denied.


81461
Ronald J. Smiley, Appellant, vs. Roadway Express, Inc., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73606, denied.


81462
Jeffrey Smith, Appellant, vs. Glenn's Truck Service, Inc., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73748, denied.


81463
State of Missouri, Respondent, vs. Mark Truman Powell, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73722, denied.


81467
Kenmark Motorsport, Ltd., Respondent, vs. Mike Burns, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 74048, denied.


81468
Oak Bluff Partners, Inc., Respondent/Cross-Appellant, vs. Robert E. Meyer, Appellant/Cross-Respondent.

Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, Eastern District Nos. 73448 and 73495, sustained and cause ordered transferred.


WRITS AND OTHER ORIGINAL PROCEEDINGS

81377
State ex rel. Randi Frey, by and through her next friend, Cindy Frey, and Cindy Frey, individually, Relators, vs. The Honorable Robert H. Dierker, Jr., Judge, Circuit Court of City of St. Louis, Division 1, Respondent.

Petition for writ of prohibition sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.


81373
State ex rel. Jonathon E. Dean, Petitioner, vs. Dave Dormire, Superintendent, Jefferson City Correctional Center, Respondent.

Petition for writ of habeas corpus denied.


81399
State ex rel. Arbary P. Jackson, Petitioner, vs. Dave Dormire, Superintendent, Jefferson City Correctional Center, et al., Respondents.

Show cause ordered to issue returnable to Court en Banc in fifteen days.


81403
State ex rel. Michael Athanasiades, Petitioner, vs. Jeremiah W. "Jay" Nixon, Attorney General, Respondent.

Petition for writ of habeas corpus denied.


81409
State ex rel. Kenneth A. Altschuh, Relator, vs. The Honorable Robert S. Cohen, Presiding Judge of Circuit Court of St. Louis County, Division 1, Respondent.

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


81424
In re: Mohammed-Ali Golchin, Petitioner.

Petition to take the Missouri Bar Examination denied.


81432
State ex rel. James W. Barnard, Petitioner, vs. State of Missouri, Respondent.

Petition for writ of certiorari denied.

Petitioner’s motion for recusal of Judge Ann Covington overruled.


81436
State ex rel. The Proctor & Gamble Company and Stephen S. Applegate, Relators, vs. The Honorable Robert H. Dierker, Judge, Circuit Court of City of St. Louis, Missouri, Respondent.

Petition for writ of prohibition denied.


81393
State ex rel. Dave Tyrone Stinson, Petitioner, vs. Dave Dormire, Respondent.

Petition for writ of habeas corpus denied.


81466
State ex rel. James Grandberry, Relator, vs. The Honorable Fred Rush, Judge, Circuit Court of Pike County, Missouri, et al., Respondents.

Petition for writ of mandamus denied without prejudice to filing a motion in the underlying cause requesting that the matter be called up for decision.


MOTIONS

81332
Earl Russell, M.D., Appellant, vs. State Board of Registration for the Healing Arts, Respondent.

Respondent’s motion to dismiss sustained.

Day - to - Day,

Duane Benton, Chief Justice

The next regular conference of Court en Banc will be April 27, 1999.



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