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RAINBOW RENTAL AND FISHING TOOLS, INC. v. DELTA UNDERGROUND STORAGE, INC.

No. 58362.

542 So.2d 258 (1989)

RAINBOW RENTAL AND FISHING TOOLS, INC. v. DELTA UNDERGROUND STORAGE, INC., Roger Wittig.

Supreme Court of Mississippi.

March 29, 1989.

Attorney(s) appearing for the Case

William D. Boerner, Boerner, Underwood & Breeland, Brookhaven, for appellant.

James C. Pittman, Jr., Gray, Montague & Pittman, Hattiesburg, for appellees.

Before HAWKINS, P.J., and PRATHER and ROBERTSON, JJ.

HAWKINS, Presiding Justice, for the Court:

Rainbow Rental and Fishing Tools, Inc., sued Delta Underground Storage, Inc., in the circuit court of Forrest County upon an open account and for attorney's fees. Rainbow recovered only a portion of the account sued upon, and the circuit judge entered an order awarding attorney's fees to Delta.

Rainbow has appealed, arguing Delta failed to file the proper counter-affidavit to its itemized account, and also that it...

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