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LEIGH v. BD. OF SUP'RS OF NESHOBA COUNTY

No. 57735.

525 So.2d 1326 (1988)

Dr. J.H. LEIGH, et al. v. BOARD OF SUPERVISORS OF NESHOBA COUNTY, Mississippi, Individually and in Their Official Capacity.

Supreme Court of Mississippi.

May 18, 1988.

Attorney(s) appearing for the Case

Ken Turner, Philadelphia, for appellants.

Donald L. Kilgore, J. Max Kilpatrick, Philadelphia, for appellee.

Edward A. Williamson, Philadelphia, for Wallace Cox.

Before DAN M. LEE, P.J., and PRATHER and SULLIVAN, JJ.

SULLIVAN, Justice, for the Court:

On November 28, 1984, a petition was filed with the Neshoba County Board of Supervisors calling upon them to submit a proposition to the voters of Neshoba County regarding the sale of a hospital and nursing home. On a four to one vote the board of supervisors found that the proposition was not within its legal authority and an appeal was taken to the Circuit Court of Neshoba County, Judge Ernest L. Brown, Special Judge, Presiding...

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