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MISSISSIPPI POWER COMPANY v. LUTER

No. 48703.

336 So.2d 753 (1976)

MISSISSIPPI POWER COMPANY v. Everett LUTER.

Supreme Court of Mississippi.

Rehearing Denied September 21, 1976.

Attorney(s) appearing for the Case

Eaton, Cottrell, Galloway & Lang, Ben H. Stone, L. Kenneth Krogstad, Eaton A. Lang, Jr., Gulfport, Deavours, Weems & Gilchrist, Laurel, for appellant.

Estes & Blackwell, Gulfport, David Massey, Laurel, Pittman & Nobles, Jackson, for appellee.

Before INZER, SUGG and BROOM, JJ.

SUGG, Justice, for the Court:

Everett Luter was awarded judgment for $162,500 against the defendant, Mississippi Power Company, for injuries received when a television antenna came into contact with an overhead electrical distribution line. We reverse and remand for a new trial.

The issues are: (1) Is Mississippi Code Annotated section 11-11-5 (1972) unconstitutional? (2) Did the Circuit Court err by selecting a jury after this case had been removed to Federal...

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