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STATE EX REL. SUMMER v. DENTON

No. 51766.

382 So.2d 461 (1980)

The STATE of Mississippi ex rel. A.F. Summer, Attorney General, and W. Hampton King, Auditor of Public Accounts, for the Use and Benefit of Alcorn County, Mississippi v. H.L. DENTON et al.

Supreme Court of Mississippi.

Rehearing Denied May 7, 1980.

Attorney(s) appearing for the Case

A.F. Summer, Atty. Gen. by R. Lloyd Arnold and J. Stephen Wright, Sp. Asst. Attys. Gen., Jackson, for appellant.

Fisher & Sharp, William L. Sharp, Smith, Downs, Ross, Trapp & Coleman, Orma R. Smith, Jr., Corinth, for appellees.

Before SMITH, SUGG and BOWLING, JJ.

SUGG, Justice, for the Court:

The principal questions presented by this appeal are: (1) Are members of a board of supervisors personally liable for county funds paid to relatives of one of the supervisors in violation of the nepotism statute where the county does not suffer any actual loss because of such unlawful expenditure? (2) Are members of a board of supervisors and their sureties liable for penal damages for paying county funds to relatives of a member of the...

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