Supreme Court of Missouri
en banc

December 18, 2007

OPINION BY TEITELMAN, J.
SC88654	Randall Brungard, et ux., Appellants, vs. Risky's Inc., et al., Patti Cakes Baking Company, Inc., Respondents.
	AFFIRMED. All concur.

OPINION BY LIMBAUGH, J.
SC87859	State of Missouri, Respondent, vs. Walter Barton, Appellant.
	AFFIRMED. Price and Russell, JJ., and Evans, Sp.J., concur; Wolff, J., dissents in separate opinion filed; Stith, C.J., and Teitelman, J., concur in opinion of Wolff, J. Breckenridge, J., not participating.

OPINION BY RUSSELL, J.
SC88442	Murlin R. Phillips, Appellant, vs. Jasper N. Edmundson, Jr., et al., Respondents.
	REVERSED AND REMANDED. All concur.

PER CURIAM
SC88501	Darrell J. Fick, Respondent, vs. Director of Revenue, State of Missouri, Appellant.
	REVERSED. Stith, C.J., Price, Teitelman, Limbaugh, Russell and Wolff, JJ., and Grady, Sp.J., concur. Breckenridge, J., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC88832	Brian Wandersee and Advanced Cleaning Technologies, Inc., Respondents, vs. BP Products North America, Inc., Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED88237, sustained and cause ordered transferred.

SC88833	Ronald Gallagher, et al., Appellants, vs. DaimlerChrysler Corporation, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED87953, denied. Russell, J., not participating.

SC88848	Jennie Hampton and Marvin Vail, Appellants, vs. Carter Enterprises, Inc., and American Family Mutual Insurance Company, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD66706, denied.

SC88890	Cortez Strong, Respondent/Cross-Appellant, vs. American Cyanamid Company, Appellant/Cross-Respondent, and Georgia Santos-Jawaid, M.D., Respondent.
	Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. ED87045, sustained and cause ordered transferred.

SC88895	Vincent McFadden, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED89470, sustained and cause ordered transferred.

SC88900	Mary E. Dorsey, Respondent, vs. Patricia Manzella, Jasper Manzella, and Mark Manzella, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED88876, denied.

SC88911	Tomas Silva, Appellant, vs. Construction and Abatement Services, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67784, denied.

SC88913	Jason Marks, Appellant, vs. Felicia Marks, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED89222, denied.

SC88914	In re the Care and Treatment of Jackie Holtcamp, a/k/a Jackie L. Holtcamp, a/k/a David Lee, a/k/a Jack Holtcamp, a/k/a Jackie D. Holtcamp, a/k/a Louis Holtcamp, a/k/a Lee D. Holtcamp, a/k/a Davi Lee, a/k/a Jackie Hallcamp, a/k/a Jack Louis Holtcamp, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66661, sustained and cause ordered transferred. Breckenridge, J., not participating.

SC88917	State of Missouri, Respondent, vs. Valentino P. Barraza, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66963, denied.

SC88921	Michael Durley, Respondent, vs. Board of Police Commissioners for the City of St. Louis, et al., Appellants.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED88706, denied.

SC88922	State of Missouri, Respondent, vs. Philip Ray Couch, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED88900, denied. Respondent's application for transfer from the Missouri Court of Appeals, No. ED88900, sustained and cause ordered transferred.

SC88924	Clay County Realty Company and Edith Investment Company, Appellants, vs. City of Gladstone, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD67534, sustained and cause ordered transferred. Price, J., not participating.

SC88927	State of Missouri, Respondent, vs. Clifton Cloyd, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66555, denied. Breckenridge, J., not participating.

SC88928	Edward A. Robinson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66817, denied.

SC88929	Charles L. Muldrow, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66927, denied. Breckenridge, J., not participating.

SC88930	John and Marcina J. Cicutto, Respondents, vs. Jerod A. Weaver, Appellant, and Farmers Insurance Company, Inc., Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67686, denied.

SC88931	Rodney Furne, Respondent, vs. Director of Revenue, State of Missouri, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66416, denied.

SC88933	Larabee Group, LLC, Appellant, vs. City of Kansas City, Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67919, denied.

SC88934	Amber Byers, Appellant, vs. Christine Cheng, M.D., and The Washington University, Respondents, and Emran Sheikh, M.D., et al., Defendants.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED88432, denied.

SC88938	John Doe, Respondent, vs. James F. Keathley, Appellant, Thomas Phillips and James F. Kanatzar, Defendants.
	Respondent's application for transfer, prior to disposition, from the Missouri Court of Appeals, No. WD68910, denied.

SC88939	In the Matter of D.A.B. Konstantin Litvinov, Appellant, vs. Paul G. Beaird, et al., Respondents.
	Respondent Paul Beaird's application for transfer from the Missouri Court of Appeals, No. SD28095, denied.

SC88940	In the Matter of D.A.B. Alesya Beaird Litvinov, Appellant, vs. Paul G. Beaird, et al., Respondents.
	Respondent Paul Beaird's application for transfer from the Missouri Court of Appeals, No. SD28099, denied.

SC88947	Linda Braboy, Appellant, vs. Federal Express Corporation, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED88398, denied.

SC88949	Charles Rothschild, Jr., Appellant, vs. Roloff Trucking, et al., Respondents, and Treasurer of Missouri as Custodian of the Second Injury Fund, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED89364, denied.

SC88950	Tracy Gilliland, Appellant, vs. Missouri Athletic Club, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED88248, sustained and cause ordered transferred.

SC88951	State of Missouri, Respondent, vs. Megal Cole, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED88493, denied.

SC88954	St. Louis Police Officers' Association, et al., Appellants, vs. Board of Police Commissioners of the City of St. Louis, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED88894, sustained and cause ordered transferred.

SC88958	Larry J. Bullock, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD28258, denied.

SC88963	State of Missouri, Respondent, vs. William H. Baugh, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED89378, denied.

SC88966	Ilene Massey, Appellant, vs. George Carter, et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD67682, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC88847	State ex rel. Missouri Division of Employment Security, Relator, vs. The Labor and Industrial Relations Commission, Respondent.
	Petition for writ of prohibition denied. Breckenridge, J., not participating.

SC88854	State ex rel. Larry B. Smith, Petitioner, vs. Don Roper, Respondent.
	Petition for writ of certiorari denied.

SC88907	State ex rel. George W. Carlisle, Jr., Relator, vs. The Honorable Ted House, Respondent.
	Petition for writ of mandamus denied.

SC88909	State ex rel. David Anderson, Petitioner, vs. The Honorable Robert H. Dierker, Jr., Respondent.
	Petition for writ of certiorari denied.

SC88866	State ex rel. Carlos Mikel, Petitioner, vs. Jill McGuire, Superintendent, and Jean Crane, Records Officer, Respondents.
	Petition for writ of habeas corpus denied.

SC88918	State ex rel. EBG Health Care II, Inc., d/b/a St. Louis Avenue Nursing Center, Relator, vs. The Honorable Margaret M. Neill, Respondent.
	Petition for writ of prohibition denied. Respondent's motion for damages and/or sanctions overruled. Respondent's motion to strike overruled.

SC88920	State ex rel. George W. Carlisle, Jr., Relator, vs. The Honorable Ted House, Respondent.
	Petition for writ of mandamus denied.

SC88877	State ex rel. Issac Lubom, Petitioner, vs. Dave Dormire, Respondent.
	Petition for writ of habeas corpus denied.

SC88916	State ex rel. F. (Floyd) Johnson-Bey, Petitioner, vs. Don Roper, Respondent.
	Petition for writ of habeas corpus denied.

SC88941	State ex rel. Dwight E. Cofer, Petitioner, vs. Marc B. Weiter, Missouri Department of Corrections, and the Missouri Board of Probation and Parole, Respondents.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled.

SC88952	State ex rel. Maurice Williams, Petitioner, vs. The Honorable Julian L. Bush, Respondent.
	Petition for writ of prohibition denied.

SC88964	State ex rel. Richard Carter, Petitioner, vs. Al Luebbers, Respondent.
	Petition for writ of habeas corpus denied.

MOTIONS
SC88294	State ex rel. Robert Wolfrum and Bevy Beimdiek, Relators, vs. The Honorable Melvyn W. Wiesman, Respondent.
	Defendant's motion to recall the mandate overruled.

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