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DeVILLE FURNITURE CO. v. JESCO, INC.

No. 53932.

423 So.2d 1337 (1982)

DeVILLE FURNITURE CO. v. JESCO, INC., et al.

Supreme Court of Mississippi.

Rehearing Denied January 12, 1983.

Attorney(s) appearing for the Case

Holcomb, Dunbar, Connell, Khayat, Chaffin & Willard, Grady F. Tollison, Jr., Dan W. Webb, Oxford, for appellant.

Marc A. Biggers, Greenwood, Ralph L. Holland, Tupelo, Dan T. Bing, Clarksdale, Dennis W. Voge, F.M. Bush, III, Thomas D. Murry, Tupelo, William Waller, Jr., Jackson, for appellees.

Before SUGG, P.J., and ROY NOBLE LEE and DAN M. LEE, JJ.

SUGG, Presiding Justice, for the Court:

This case was certified by the United States Court of Appeals for the Fifth Circuit as authorized by Mississippi Supreme Court Rule 46. The agreed statement of facts as set forth in the per curiam opinion of the Fifth Circuit follow as Part I, and the questions certified with our response follow as Parts II and III.

PART I

On August 23, 1971, DeVille Furniture Company (DeVille) entered into an agreement with...

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