Supreme Court of Missouri
en banc

April 30, 2013

OPINION BY BRECKENRIDGE, J.
SC92541	United States Department of Veterans Affairs, Appellant, vs. Karla O. Boresi, Chief Administrative Law Judge, Respondent.
	REVERSED; WRIT MADE PERMANENT. Teitelman, C.J., Russell and Stith, JJ., concur; Fischer, J., concurs in separate opinion filed. Draper and Wilson, JJ., not participating.

MOTIONS FOR REHEARING
SC92469	State ex rel. St. Charles County, Missouri, Relator, vs. The Honorable Jon A. Cunningham, Respondent.
	Relator's motion for rehearing overruled. Opinion modified on Court's own motion. Wilson, J., not participating.

SC92401	801 Skinker Boulevard Corp., Union Electric Co., and Laclede Gas Co., Appellants, vs. Director of Revenue, Respondent.
	Appellants' motion for attorneys' fees overruled. Wilson, J., not participating.

SC92790	John Doe 1631, Appellant, vs. Quest Diagnostics, Inc., and Quest Diagnostics Clinical Laboratories, Inc., d/b/a Quest Diagnostics, Respondents, and LabOne, Inc., Defendant.
	Respondents' motion for rehearing overruled. Wilson, J., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC93103	State of Missouri, Respondent, vs. Gerald L. Edwards, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED97695, denied.

SC93118	Rodney P. McIntosh, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED98212, sustained and cause ordered transferred.

SC93120	Clayton Dean Price, Respondent, vs. State of Missouri, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31725, sustained and cause ordered transferred.

SC93139	Marion Tibbs, Assessor, Butler County, Missouri, Respondent, vs. Poplar Bluff Associates I, L.P., Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD31385, denied.

SC93157	Mark D. Vogl, Appellant, vs. State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD32097, sustained and cause ordered transferred.

SC93060	Larry Nance, Deceased; Sherry Nance, Personal Representative, Appellant, vs. Maxon Electric, Inc., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD74942, denied.

SC93174	City of Branson, Appellant, vs. Hotels.com, LP, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31854, denied.

SC93178	Midwest BankCentre, Respondent, vs. Harold L. McCoy, et al., Defendants, and RM Supply, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED98755, denied.

SC93179	State of Missouri, Respondent, vs. Paula S. McCullough, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31777, denied.

SC93183	Alyssa F. McAlister, Appellant, vs. Ethan T. Strohmeyer, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75160, denied.

SC93184	Consolidated Grain & Barge Co., a Corporation, Appellant/Cross-Respondent, vs. Mark Phillip Hobbs, Individually, Respondent/Cross-Appellant, and Mark Phillip Hobbs, Personal Representative of the Estate of George Phillip Hobbs, Deceased, Defendant.
	Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, Nos. SD31558 and SD31593, denied.

SC93188	Joseph J. Bramer, Jr. and Lisa Rozier, Appellants/Cross-Respondents, vs. Vicky Czapla and Tracee Davis, Respondents/Cross-Appellants, and Oliver Glenn Boyer, Defendant.
	Appellants/Cross-Respondents' application for transfer from the Missouri Court of Appeals, No. ED95601 consolidated with ED95637, denied.

SC93204	Colleen M. Holmes and Rick W. Holmes, Appellants, vs. Multimedia KSDK, Inc., Lynn Beall, and Michael Shipley, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED98466, denied.

SC93207	Jennifer Dillon, Appellant, vs. Joseph Kinard, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74856, denied.

SC93209	Safe Auto Insurance Company, Respondent, vs. Evan Hazelwood and Jessica Hazelwood, Appellants, Terry Breidenstein, Respondent, and Carl Casey, Defendant.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD31928 and SD31929 (consolidated), denied.

SC93214	John Coomer, Appellant, vs. Kansas City Royals Baseball Corporation, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD73984 and WD74040 (consolidated), sustained and cause ordered transferred.

SC93216	Mitchell A. Jensen, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74585, denied.

SC93219	Gateway Hotel Holdings, Inc., Richfield Hospitality Services, Inc., Richfield Holdings, Inc., Liberty Mutual Fire Insurance Company, and Liberty Mutual Group, Appellants, vs. Chapman-Sander, Inc., and Tom Bormann, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED97066-01, denied.

SC93222	State of Missouri ex rel. Washington University, Respondent, vs. Jessica Richardson, Appellant, Missouri Commission on Human Rights, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, Nos. WD74907 and WD74993, denied. Wilson, J., not participating.

SC93223	State of Missouri, Respondent, vs. Richard L. Irey, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74543, denied.

SC93224	Ballpark Lofts III, LLC, and Montgomery Bank, N.A., Appellants, vs. City of St. Louis and Preservation Board of the City of St. Louis Planning & Urban Design Agency, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED98851, denied.

SC93227	State of Missouri, Respondent, vs. William C. O'Tool, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73909, denied.

SC93229	First Community Credit Union, Appellant, vs. Zachary A. Levison and Marsha Levison, Respondents.
	Respondent Zachary A. Levison's application for transfer from the Missouri Court of Appeals, No. ED98352, denied.

SC93230	Mary Luscombe, Appellant, vs. Missouri State Board of Nursing, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD75049, sustained and cause ordered transferred.

SC93232	The State of Missouri Public Service Commission, Respondent, The Office of Public Counsel, Appellant, vs. Missouri Gas Energy, a division of Southern Union Company, Respondent.
	Respondent Missouri Gas Energy's application for transfer from the Missouri Court of Appeals, No. WD75024, denied.

SC93233	State of Missouri, Respondent, vs. Jason Samuel Proctor, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74516, denied.

SC93235	Dimetrious L. Woods, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74180, denied.

SC93236	State of Missouri, Appellant, vs. Gregory Allan Rodgers, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74912, denied.

SC93237	State of Missouri ex rel. MoGas Pipeline LLC, Appellant, vs. Public Service Commission of the State of Missouri, Kevin Gunn, Chairman, Robert Clayton III, Jeff Davis, Terry Jarrett, and Robert Kenney, Commissioners, Respondents, Union Electric Company d/b/a Ameren Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75109, denied.

SC93242	Kissick Construction Company, Inc., Respondent, vs. TWS Construction Services, L.L.C., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75015, denied.

SC93243	Curtis R. Freeman, Appellant, vs. Kansas City, Missouri, School District, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75002, denied.

SC93246	State of Missouri, Respondent, vs. Laurence Cleo Hays II, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73942, denied.

SC93173	James Joseph Hamilton, Appellant, vs. State of Missouri, et al., Respondents.
	Appellant's application for transfer prior to disposition from the Missouri Court of Appeals, No. WD75777, denied.

SC93249	S.M.R., a Minor, by and through her Next Friend and Mother, Lisa Marie Ryan, Jeff Madison Ryan and Lisa Marie Ryan, Appellants, vs. McDonald's Corporation and Kris Davison, Inc., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD31456, denied.

SC93258	State of Missouri ex rel. Roberta Hollins, Relator, vs. The Honorable Michael Martin Pritchett, Presiding Judge of the 36th Judicial Circuit, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD31524, denied.

SC93261	State of Missouri, Respondent, vs. John William Harrison, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31374, denied.

SC93265	Johnnie Cooper, Appellant, vs. The Missouri Lottery, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED98468, denied.

SC93268	Hoops & Associates, P.C., a Missouri Corporation, individually and as the representatives of a class of similarly-situated persons, Respondent, vs. Financial Solutions and Associates, Inc., and Michael Grimes, Appellants.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED98687, denied.

SC93283	Rich Gullet & Sons, Inc., Appellant, vs. Gullet Contracting, LLC, and Raymond M. Gullet, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED98143, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC93085	State ex rel. Don Schlomer, Relator, vs. The Honorable Abe Shafer IV, Respondent.
	Petition for writ of prohibition denied.

SC93145	State ex rel. Michael J. Schumer, Relator, vs. The Honorable Chief Judge James E. Welsh, Respondent.
	Petition for writ of mandamus denied.

SC93161	State ex rel. Nancy Meyer, Relator, vs. The Honorable Thomas J. Prebil, Respondent.
	Petition for writ of prohibition denied.

SC93150	State ex rel. Tony Vann-El, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled as moot.

SC93131	State ex rel. Warren Collins, Petitioner, vs. Jeff Norman, Warden, Respondent.
	Petition for writ of habeas corpus denied.

SC93201	State ex rel. John Flentie, Petitioner, vs. James L. Webb, President, Cedars of Liberty, Inc., and Toni Clemens, in her official capacity as Platte County Public Administrator, Respondents.
	Petition for writ of habeas corpus denied without prejudice to seeking expedited consideration of the notice of appeal pending in the Missouri Court of Appeals, Western District.

SC93213	State ex rel. Kansas City Southern, The Kansas City Southern Railway Company and Kevin McIntosh, Relators, vs. The Honorable James F. Kanatzar, Respondent.
	Petition for writ of prohibition or mandamus denied.

SC93221	State ex rel. Alvis J. Williams, Petitioner, vs. Larry Denney, Warden, Respondent.
	Petition for writ of habeas corpus denied.

SC93185	State ex rel. Ricky Ray, Petitioner, vs. Troy Steele, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of special master overruled.

SC93244	State ex rel. L&J Food and Liquor, Inc., Larry Marshal and Joseph Gimalva, Relators, vs. The Honorable Michael Manners, Respondent.
	Petition for writ of prohibition or mandamus denied.

SC93160	State ex rel. Maurice Campbell, Petitioner, vs. The Missouri Board of Probation and Parole, et al., Respondents.
	Petition for writ of habeas corpus denied.

SC93208	State ex rel. Franklin Ashley, Petitioner, vs. State of Missouri and Missouri Court of Appeals, Western District, Respondents.
	Petition for writ of habeas corpus or, in the alternative, petition for writ of mandamus denied.

SC93239	State ex rel. James Michael Irvin, Petitioner, vs. Jeff Norman, Warden, Respondent.
	Petition for writ of habeas corpus denied.

MOTIONS
SC93171	State of Missouri, Plaintiff, vs. Deandre Alonzo Wilkes, Defendant.
	Defendant's application pursuant to Rule 33.09 regarding excessive conditions for release pending trial denied.

SC82822	State of Missouri, Respondent, vs. Timothy J. Whalen, Appellant.
	Appellant's motion to recall the mandate overruled.

SC93187	State ex rel. Department of Social Services, Division of Children Services, Relator, vs. The Honorable Frederick Tucker, Respondent.
	Respondent's motion for dismissal overruled.

SC92978	John Roe I, Appellant, vs. Colonel Ron Replogle, et al., Respondents.
	Respondents' motion to transfer overruled.

Day - to - Day,


____________________________________
Richard B. Teitelman
Chief Justice

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