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STATE HWY. COM'N v. NEW ALBANY GAS SYS.

No. 57839.

534 So.2d 204 (1988)

MISSISSIPPI STATE HIGHWAY COMMISSION v. NEW ALBANY GAS SYSTEMS.

Supreme Court of Mississippi.

November 16, 1988.

Attorney(s) appearing for the Case

Edwin Lloyd Pittman and Mike Moore, Attys. Gen. by P.O. Gibson, Jr., Asst. Atty. Gen., Jackson, Walter E. Wood, Ridgeland, for appellant.

Roger H. McMillin, Jr., Sumners, Carter, Trout & McMillin, New Albany, for appellee.

Before ROY NOBLE LEE, C.J., and PRATHER and GRIFFIN, JJ.

PRATHER, Justice, for the Court:

The Mississippi State Highway Commission brought this action in the Chancery Court of Union County against the City of New Albany, seeking the removal of a gas line attached to a bridge located on Highway 78 near the Union and Benton County line. On a cross-motion for summary judgment, the Union County Chancery Court held that the Commission was estopped through laches from requiring the removal of the gas line unless it was willing...

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