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EMPLOYERS INS. v. STATE HWY. COM'N

No. 89-CA-0667.

575 So.2d 999 (1990)

EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company, and Houston General Insurance Company v. MISSISSIPPI STATE HIGHWAY COMMISSION and Does I through XX, Inclusive.

Supreme Court of Mississippi.

As Modified on Denial of Rehearing March 6, 1991.

Attorney(s) appearing for the Case

Jackson H. Ables, III, Daniel Coker Horton & Bell, C. Joyce Hall, Daniel Coker Firm, Jackson, for appellant.

John L. Clay, Jackson, for appellee.

Before HAWKINS, P.J., and SULLIVAN and BLASS, JJ.

HAWKINS, Presiding Justice, for the Court:

Employers Insurance of Wausau, a Wisconsin-based insurance corporation (Wausau), and Houston General Insurance Company, a Texas-based insurance corporation (Houston), appeal from a summary judgment dismissal of their complaint against the Mississippi State Highway Commission (Commission) in which as assignees of injured parties they sued the Commission for breach of its implied warranty that Commission's

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