Herberholt v. dePaul Community Health Center

Pursuant to Rule 83.02, the Eastern District of the Court of Appeals transferred the within cause to this Court that it might consider, again, the constitutionality of the so-called “service letter statute” (§ 290.140, RSMo 1978).1

The appeal by plaintiff, now appellant, is from the trial court’s entry of a judgment notwithstanding the verdict or in the alternative a new trial in an action for noncompliance with § 290.140 (Count I) and directed verdicts in actions for libel (Count II) and slander (Count III).

Appellant is a graduate electrical engineer with several years experience. On January…