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STATE, ETC. v. RUSH

No. 40077.

572 S.W.2d 864 (1978)

STATE of Missouri ex rel., CHARLES F. VATTEROTT COMMERCIAL PROPERTIES, INC., Relator, v. Honorable Fred RUSH, Judge of the Circuit Court of St. Charles County, Missouri, Respondent.

Missouri Court of Appeals, St. Louis District, Division One.

Motion for Rehearing and/or Transfer Denied October 13, 1978.

Attorney(s) appearing for the Case

Sumner, Hanlon, Sumner, McDonald & Nouse, P.C., Donald R. Carmody, John E. Hilton, St. Louis, for relator.

Paul F. Niedner, St. Charles, for respondent.

CLEMENS, Presiding Judge.

In this proceeding in mandamus the relator, Charles F. Vatterott Commercial Properties, Inc., seeks a writ of mandamus compelling respondent, Honorable Fred Rush, to grant relator leave to amend its second amended answer by pleading the statute of limitations. For reasons herein stated we conclude our alternative writ of mandamus was improvidently issued and we order it discharged.

On October 27, 1975 Standard Drug Company, Inc.,...

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