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DAVIS v. CITY OF LEXINGTON

No. 56884.

509 So.2d 1049 (1987)

Edward DAVIS, Sr. and Rosie L. Davis v. CITY OF LEXINGTON, Mississippi.

Supreme Court of Mississippi.

July 15, 1987.

Attorney(s) appearing for the Case

Cynthia A. Stewart, Jackson, for appellants.

Marc A. Biggers, Lonnie D. Bailey, Upshaw, Williams, Biggers, Page & Kruger, Greenwood, for appellee.

Before ROY NOBLE LEE, SULLIVAN and GRIFFIN, JJ.

ROY NOBLE LEE, Presiding Justice, for the Court:

Edward Davis, Sr. and Rosie L. Davis filed suit in the Circuit Court of Holmes County, Mississippi, against the City of Lexington, for damages resulting from the loss by fire of their home in the city. The lower court sustained a Rule 12(b)(6) motion, Miss.R.Civ.P., and dismissed the complaint. The Davises have appealed here, assigning the following errors committed by the court below:

I. THE APPELLANTS' NEGLIGENCE...

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