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MARTER v. SCOTT

No. 56751.

514 So.2d 1240 (1987)

James H. MARTER v. Beverly T. SCOTT and Pepsi-Cola, Inc.

Supreme Court of Mississippi.

November 4, 1987.

Attorney(s) appearing for the Case

Preston Davis Rideout, Jr., Fraiser Burgoon & Abraham, Greenwood, for appellant.

Philip B. Terney, Susan D. Fahey, Robertshaw, Terney & Noble, Greenville, for appellees.

En Banc.

HAWKINS, Presiding Justice, for the Court on Part I.

ROY NOBLE LEE, Chief Justice, for the Court on Part II.

PART I.

James H. Marter has appealed from a summary judgment in favor of a Pepsi-Cola, Inc., bottling plant in the circuit court of Grenada County finding that a driver of a car searching for a mechanic to assist a disabled Pepsi truck and its driver stranded on the highway was not an agent of the bottler.

We find there was no issue...

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