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SUTHOFF v. YAZOO COUNTY INDUSTRIAL DEVELOPMENT CORPORATION

No. 79-2992.

642 F.2d 822 (1981)

Jonez P. SUTHOFF et al., Plaintiffs-Appellants, v. YAZOO COUNTY INDUSTRIAL DEVELOPMENT CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A.

April 15, 1981.

Attorney(s) appearing for the Case

Pyles & Tucker, Dixon L. Pyles, Jackson, Miss., for plaintiffs-appellants.

Campbell & Smith, Watkins & Eager, W. F. Goodman, Jr., Jackson, Miss., for Yazoo City, Miss., and Yazoo Public Serv.

Henry, Barbour & Decell, Haley Reeves Barbour, Yazoo City, Miss., for Barbour and Neely.

Vardaman S. Dunn, Jackson, Miss., for Yazoo County Ind. Dev., Yazoo County and Yazoo Port Comm.

Before INGRAHAM, GEE and TATE, Circuit Judges.

On Petition For Rehearing

(Opinion February 17, 1981, 5th Cir., 1981, 637 F.2d 337)

PER CURIAM:

On petition for rehearing, the defendants-appellees suggest that the panel erred in assuming that Yazoo County did not have the power to expropriate, since Yazoo County has the power of expropriation for port commission purposes. See Miss.Code § 59-9-19.

Accepting the validity of the petitioner's assertion...

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