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HAMILTON v. INCORPORATION OF PETAL, FORREST CTY.

No. 47807.

291 So.2d 190 (1974)

M.W. HAMILTON, Sr., et al., Contestants-Appellants, v. INCORPORATION OF PETAL, FORREST COUNTY, Mississippi, Petitioner-Appellee.

Supreme Court of Mississippi.

Rehearing Denied March 18, 1974.

Attorney(s) appearing for the Case

Dudley W. Conner, E.J. Currie, Jr., Hattiesburg, for contestants-appellant.

R.M. Sullivan, James K. Dukes, Hattiesburg, for petitioner-appellee.

PATTERSON, Justice:

The Chancery Court of Forrest County entered a decree on February 21, 1973, incorporating the City of Petal. M.W. Hamilton, Sr. and other citizens of the affected area seek to reverse this decision upon the premise that the court's discretion in establishing the boundaries of the incorporated area was preempted by a local and private bill authorizing the creation of the East Forrest Utility District and that the evidence did not support public...

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