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WEJAC UTILITIES, INC. v. DAVENPORT

No. 46800.

269 So.2d 339 (1972)

WEJAC UTILITIES, INC., Appellant, v. John Dryden DAVENPORT, Jr., Appellee.

Supreme Court of Mississippi.

Rehearing Denied December 4, 1972.

Attorney(s) appearing for the Case

Ford, Moore, Jones & Colmer, Pascagoula, for appellant.

Karl Wiesenburg, Robert H. Oswald, Pascagoula, for appellee.

PATTERSON, Justice:

This is an appeal by Wejac Utilities, Inc. from a judgment of the Circuit Court of Jackson County. The judgment sustained a motion of the appellee landowner to strike the appellant's answer to a writ of prohibition challenging the public need for land sought to be acquired by eminent domain proceedings. The landowner, appellee, contends that the eminent domain proceedings instituted by Wejac Utilities, Inc., who held a certificate of public convenience...

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