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STATE EX REL. CITY OF MARSTON v. MANN

No. 20372.

921 S.W.2d 100 (1996)

STATE of Missouri ex rel. CITY OF MARSTON, Missouri, Relator, v. The Honorable David C. MANN, Judge of the Circuit Court of Mississippi County, Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied April 24, 1996.

Application to Transfer Denied May 28, 1996.

Attorney(s) appearing for the Case

D. Keith Henson, Paule, Camazine & Blumenthal, P.C., St. Louis, Relator.

Spencer L. Edwards, Dempster, Barkett, McClellan & Edwards, Sikeston, for Respondent.

ORIGINAL PROCEEDING IN PROHIBITION

PER CURIAM.

Judge David C. Mann (Respondent) denied the City of Marston's (Relator) motion to dismiss for failure to state a cause of action upon which relief can be granted. The motion is based on the defenses of sovereign immunity and the public duty doctrine. The Relator seeks a Writ of Prohibition, alternatively in Mandamus, to restrain Respondent from proceeding with the case against Relator. We issued a Preliminary...

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