CRAIN v. CLEVELAND LODGE 1532

No. 07-58745.

560 So.2d 142 (1990)

W.B. CRAIN v. CLEVELAND LODGE 1532, ORDER OF MOOSE, INC.

Supreme Court of Mississippi.

Rehearing Denied May 16, 1990.


Attorney(s) appearing for the Case

J. Murray Akers, Greenville, for appellant.

Michael T. Lewis, Pauline Lewis, Luckett Law Firm, Clarksdale, for appellee.

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


PRATHER, Justice, for the Court.

The question raised by this appeal is whether the trial judge abused his discretion in denying the non-movant on a summary judgment motion the right to present live testimony on a subpoena duces tecum issued against an adverse and hostile witness. Holding that the litigant Crain was deprived of his opportunity to develop genuine fact issues, this Court reverses and remands for a new summary judgment hearing.

W.B. Crain...

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