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Minutes of December 22, 1998
Supreme Court of Missouri
en banc

December 22, 1998

OPINION BY BENTON, C.J.

80532
Thomas C. Jones, Respondent, vs. Director of Revenue, Appellant.
(consolidated with)
80533
Curtis D. Fischer, Respondent, vs. Director of Revenue, Appellant.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.
All concur.


OPINION BY BENTON, C.J.

80836
Tina Marie Heinen, et al., Appellants/Cross-Respondents, vs. Healthline Management, Inc., et al., Respondents/Cross-Appellants.

REVERSED AND REMANDED. Price, Limbaugh, Holstein and Wolff, JJ., concur; Covington, J., dissents in separate opinion filed; White, J., concurs in opinion of Covington, J.


OPINION BY PRICE, J.

80403
The Doe Run Resource Company, d/b/a Doe Run Company Smelting Division, et al., Respondents, vs. Director of Revenue, Appellant.

REVERSED AND REMANDED. All concur.


OPINION BY PRICE, J.

80601
Neil Schleeper, Appellant, vs. State of Missouri, Respondent.
(consolidated with)
80852
Roy Roberts, Appellant, vs. State of Missouri, Respondent.
(consolidated with)
80942
Bruce Kilgore, Appellant, vs. State of Missouri, Respondent.

AFFIRMED. All concur.


OPINION BY PRICE, J.

80634
James Thomas Spradlin, Appellant/Respondent, vs. City of Fulton, Missouri, et al., Respondents/Appellants.

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


OPINION BY PRICE, J.

80820
James Chambers, Appellant, vs. State of Missouri, Respondent.

AFFIRMED. Benton, C.J., Limbaugh, White, Holstein and Wolff, JJ., and Ahrens, Sp.J., concur. Covington, J., not participating.


OPINION BY COVINGTON, J.

80853
General Motors Corporation and Subsidiaries, Appellants, vs. Director of Revenue, Respondent.

REVERSED AND REMANDED. All concur.


OPINION BY WHITE, J.

80687
Brambles Industries, Inc., a/k/a Chep USA, Appellant, vs. Director of Revenue, Respondent.

REVERSED AND REMANDED. All concur.


OPINION PER CURIAM

80957
State of Missouri, Respondent, vs. Orval Dwayne Davidson, Appellant.

AFFIRMED. All concur.


OPINION PER CURIAM

81138
State of Missouri, Respondent, vs. Dallas Leroy Kinkead, Appellant.

REVERSED AND REMANDED. All concur.



MOTIONS FOR REHEARING

79985
State of Missouri, Respondent, vs. David Barnett, Appellant.

Appellant’s motion for rehearing overruled. Opinion modified on Court’s own motion. Execution set for March 26, 1999.


81114
Missouri Division of Child Support Enforcement and J.D.J., Individually and as Next Friend of C.J., Appellants, vs. T.J. and G.L.T., Respondents.

Appellant Missouri Division of Child Support Enforcement’s motion for rehearing overruled.


80968
In re: Gary M. Cupples, Respondent.

Respondent’s motion for rehearing overruled.


80133
State of Missouri, Respondent, vs. Louis Clark, Appellant.

Respondent’s motion for rehearing overruled. Opinion modified on Court’s own motion.


APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

81229
Boaz Rafaeli, Appellant, vs. Anthony Gould, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 74499, denied.


81231
Rick Smith, Appellant, vs. King City School District R-1 of Gentry County, Missouri, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 55387, denied.


81232
Doris Linton, et al., Respondents, vs. Missouri Highway and Transportation Commission, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 71807, denied.


81233
The Conlon Group, Inc., Respondent/Cross-Appellant, vs. The City of St. Louis, Appellant/Cross-Respondent.

Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, Eastern District Nos. 73789 and 73890, denied. White, J., not participating.


81234
Nicholas Gibson, et al., Appellants, vs. State Farm Fire & Casualty Insurance Company, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, Eastern District No. 73506, denied.


81235
Jerry Stanley and Justin Stanley, Appellants, vs. City of Independence, Missouri, et al., Respondents.

Respondent City of Independence's application for transfer from the Missouri Court of Appeals, Western District No. 55019, sustained and cause ordered transferred.


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.

Appellants' application for transfer from the Missouri Court of Appeals, Eastern District No. 73169, sustained and cause ordered transferred.


81237
State of Missouri, ex rel. Janette M. Lohman, Respondent, vs. F. Warren Black and Shirley Black, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, Western District No. 55167, denied.


81238
State of Missouri, Respondent, vs. Richard Larrabee, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 54787, denied.


81239
American Family Mutual Insurance Company, Respondent, vs. Barbara Franz, Defendant, Cellie Dudley, by and through her Guardian ad litem, Harrison Dudley, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 54813, denied.


81240
Business Men's Assurance Company of America, Respondent, vs. Bruce Graham, as Representative of the Current Partners of Skidmore, Owings & Merrill, et al., Appellants.

Appellant Bruce Graham's application for transfer from the Missouri Court of Appeals, Western District No. 53962, sustained and cause ordered transferred. Price, J., not participating.


81241
Mary Bruce Mikesic, as the wife of Anthony Mikesic, an incompetent individual, and Mary Bruce Mikesic, individually, Appellants, vs. Trinity Lutheran Hospital, et al., Respondents.

Respondents Trinity Lutheran Hospital and Thomas Coppinger, M.D.'s application for transfer from the Missouri Court of Appeals, Western District No. 54239, denied. Holstein, J., not participating.


81242
George Englezos and Aesop, Inc., Appellants-Respondents, vs. The Newspress and Gazette Company, a Missouri corporation, and Terry Raffensperger, Respondents-Appellants.

Appellant-Respondent George Englezos' application for transfer from the Missouri Court of Appeals, Western District No. 54143, denied.

Respondents-Appellants’ application for transfer from the Missouri Court of Appeals, Western District No. 54143, denied.


81243
Joan Claire (Bidwell) Sola, Appellant-Respondent, vs. Robert Loyd Bidwell, Jr., Respondent-Appellant.

Respondent-Appellant's application for transfer from the Missouri Court of Appeals, Western District Nos. 54048 and 54096, denied.


81245
American Laminates, Inc., Respondent, vs. J. S. Latta Company, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Western District No. 54288, denied.


81249
Dee Burks, Appellant, vs. City of Licking, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, Southern District No. 22345, denied.


81250
State of Missouri, Respondent, vs. Jason C. Silvey, Appellant.
Jason C. Silvey, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Southern District Nos. 20707 and 22025, denied.


81251
State of Missouri, Respondent, vs. Kevin Lee Madison, Appellant.
Kevin Lee Madison, Appellant, vs. State of Missouri, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, Southern District Nos. 20715 and 21958, sustained and cause ordered transferred.


81255
A.J.K., by his next friend, R.K., and R.K., individually, Respondent/Cross- Appellant, vs. J.L., Appellant/Cross-Respondent.

Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, Eastern District No. 73365, denied.


81257
Edward Barry, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District Nos. 72778 and 72779, denied.


81258
Luster Reynolds, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 72944, sustained and cause ordered transferred.


81260
Lowell K. Wood, Appellant, vs. Safeco Insurance Company of America, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, Eastern District No. 73693, denied.


81261
Effie Weibert, et al., Respondents/Cross-Appellants, vs. Wal-Mart Stores, Inc., Appellant/Cross-Respondent.

Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, Eastern District Nos. 73382 and 73383, denied. Benton, C.J., and Covington, J., not participating.


81263
Dexter Duren, Appellant, vs. Union Pacific Railroad Company and Missouri Pacific Railroad Company, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, Eastern District No. 73287, denied.


81272
State of Missouri, Appellant, vs. Martiez Davis, Respondent.

Respondent’s application for transfer from the Missouri Court of Appeals, Eastern District No. 74533, denied.


81274
Lynn and Sue Schneider, Respondents, vs. Gene Giordano and Dennis Balkenbush, Appellants.

Appellants’ application for transfer from the Missouri Court of Appeals, Eastern District No. 72747, denied.


81276
Aurelia K. Weil and Russell Weil, Appellants, vs. Justin Rigali, Archbishop of the Roman Catholic Archdiocese of St. Louis, Respondent.

Appellants’ application for transfer from the Missouri Court of Appeals, Eastern District No. 73783, denied.


81277
State of Missouri, Respondent, vs. Leland Edwards, Appellant.

Respondent’s application for transfer from the Missouri Court of Appeals, Eastern District No. 55936, denied.


81278
Anita Kay Williams, et al., Respondents, vs. Sherman Kimes, et al., Appellants.

Appellants’ application for transfer from the Missouri Court of Appeals, Southern District No. 22181, sustained and cause ordered transferred. Limbaugh, J., not participating.


81279
State of Missouri, Respondent, vs. Paul Ellison, Appellant.

Appellant’s application for transfer from the Missouri Court of Appeals, Western District No. 54491, denied.


81280
In the Interest of: R.R.B., C.D.B., and R.R.L.H.
Janet Warner, Juvenile Officer, Respondent, vs. G.E.B. (Natural Father) and C.A.H. (Natural Mother), Appellants.

Appellants’ application for transfer from the Missouri Court of Appeals, Western District Nos. 54660 and 54707, denied.


WRITS AND OTHER ORIGINAL PROCEEDINGS

81207
State ex rel. Missouri Highway and Transportation Commission, Relator, vs. The Honorable Mary Ellen Young, Judge, Circuit Court of Cass County, Missouri, Division 1, Respondent.

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


81230
State ex rel. Kathryn S. Bay, individually and as next friend of Samuel Bay, Petitioners, vs. The Honorable John J. Riley, Division 3, 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.


81244
State ex rel. Charles V. Bowden, Relator, vs. The Honorable James R. Hartenbach, Judge, St. Louis County Circuit Court, Div. 14, 21st Judicial Circuit, Respondent.

Petition for writ of prohibition denied.


81221
State ex rel. Michael Rains, Petitioner, vs. Gene Stubblefield, Respondent.

Petition for writ of habeas corpus denied.


81198
State ex rel. Raheem Muhammed, Petitioner, vs. Ansel Card, Respondent.

Petition for writ of habeas corpus denied.


81246
State ex rel. John Duvall, Petitioner, vs. The Honorable Ellen S. Roper, Judge, Circuit Court of Boone County, Missouri, Third Division, Respondent.

Petition for writ of prohibition denied.


81247
State of Missouri ex rel. USAA Property and Casualty Insurance Company, Relator, vs. The Honorable Robert H. Dierker, Jr., Presiding Judge of the Twenty-Second Judicial Circuit of Missouri, Respondent.

Petition for writ of mandamus or in the alternative petition for writ of prohibition denied. Benton, C.J., not participating.


81248
State ex rel. State Farm Fire & Casualty Company, Relator, vs. The Honorable John G. Moody, Presiding Judge, Forty-Fourth Judicial Circuit, Respondent.

Petition for writ of prohibition denied.


81253
State ex rel. Van E. Donley, Douglas W. Burnett and Bruce E. Davis, in their capacity as members of the State Tax Commission, and the State Tax Commission, Relators, vs. The Honorable Thomas J. Brown, III, Circuit Judge, 19th Judicial Circuit, Cole County, Missouri, Respondent.

Petition for writ of prohibition denied.


81254
Kenneth Dale Yeager, Petitioner, vs. Ron Dahl, Director, Jackson County Department of Corrections, Respondent.

Petition for writ of habeas corpus to reduce excessive bond denied.


81209
State ex rel. Gregory A. Belger, Petitioner, vs. Michael Kemna, Respondent.

Petition for writ of habeas corpus denied.


81259
State ex rel. Charles R. Schrimpf and Donna R. Schrimpf, Relators, vs. The Honorable Thomas L. Sodergren, Judge, Division III, Associate Circuit Court, Cole County, Missouri, Respondent.

Petition for writ of mandamus denied.


81265
State ex rel. Brian White, Petitioner, vs. Kelly Terrance Lock, Supt., Respondent.

Petition for writ of habeas corpus denied.


81273
State ex rel. City of Green Park, Missouri, Relator, vs. The Honorable Kenneth E. Romines, Judge 21st Judicial Circuit, St. Louis County, Missouri, Respondent.

Petition for writ of prohibition denied.


MOTIONS

77093
State of Missouri, Respondent, vs. Kenneth Kenley, Appellant.

Appellant’s motion to recall the mandate overruled. White and Holstein, JJ., not participating.


Day - to - Day,


Duane Benton, Chief Justice

The next regular conference of
Court en Banc will be January 19, 1999.


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