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DITTA v. CITY OF CLINTON

No. 52173.

391 So.2d 627 (1980)

Victor John DITTA and Vincent Frank Ditta d/b/a Ditta Realty Co. v. The CITY OF CLINTON, Mississippi, a Municipal Corporation.

Supreme Court of Mississippi.

As Modified on Denial of Rehearing January 14, 1981.

Attorney(s) appearing for the Case

Terese E. Troxclair, David W. Mockbee, Reynolds, Mockbee & Johnson, Jackson, for appellant.

John H. Fox, III, Marc A. Biggers, Fox, Gowan & Biggers, Jackson, for appellee.

Before PATTERSON, C.J., and WALKER and BROOM, JJ.

BROOM, Justice, for the Court:

Res judicata and collateral estoppel were successfully asserted by the City of Clinton (Clinton herein) in the Circuit Court of the Second Judicial District of Hinds County. Plaintiffs, Victor John Ditta and Vincent Frank Ditta d/b/a Ditta Realty Co. (Ditta herein), sued Clinton and Hammerhead Construction Co. (a Louisiana firm) alleging that Hammerhead negligently designed and negligently supervised the construction of a retaining wall...

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