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GATES v. OWEN CHEVROLET COMPANY

No. 47504.

294 So.2d 179 (1974)

Willie Lee GATES v. OWEN CHEVROLET COMPANY.

Supreme Court of Mississippi.

May 6, 1974.

Attorney(s) appearing for the Case

Dunbar, Merkel & Tollison, Robert F. Wood, Clarksdale, for appellant.

Holcomb, Dunbar, Connell & Merkel, G. Gregory Boyd, Clarksdale, for appellee.

ROBERTSON, Justice:

At a preliminary hearing on October 6, 1972, the County Court of Coahoma County sustained Owen Chevrolet Company's Motion to Dismiss the Amended Declaration of Willie Lee Gates. The case had been set for trial on the merits for October 13, 1972, but the Motion to Dismiss raised the affirmative defense of estoppel by acquiescence, and the County Court felt that it was a matter under Section 1475.5, Mississippi Code 1942 Annotated (1956), [Miss....

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