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LOWERY v. STATEWIDE HEALTHCARE SERVICE

No. 89-CA-1145.

585 So.2d 778 (1991)

Joy H. LOWERY (Westbrook), Randy Dale Lowery and Danny Michael Lowery v. STATEWIDE HEALTHCARE SERVICE, INC. and Fannie Rue Russell.

Supreme Court of Mississippi.

Decided September 11, 1991.

Attorney(s) appearing for the Case

Billie J. Graham, Leonard B. Melvin, Jr., Melvin & Melvin, Laurel, Lamar Conerly, Jr., Hazlehurst, for appellants.

J. Carter Thompson, Jr., Butler Snow O'Mara Stevens & Cannada, Leslie J. Bobo, Butler Snow Firm, Jackson, for appellees.

En Banc.

HAWKINS, Presiding Justice, for the Court:

Joy H. Lowery, et al. appeal the dismissal of their complaint against Statewide Healthcare Service, Inc. and Fannie Rue Russell in First Judicial District of Hinds County Circuit Court because the claim is barred by Miss. Code Ann. § 15-1-36, a two-year statute of limitations. Plaintiffs argue on appeal that Miss. Code Ann. § 15-1-49, the general six-year statute, applies. We find the circuit court interpretation...

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