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BURTON v. CITY OF PHILADELPHIA

No. 90-CA-0285.

595 So.2d 1279 (1991)

Johnnie Bell BURTON v. The CITY OF PHILADELPHIA, Mississippi.

Supreme Court of Mississippi.

Dissenting Opinion September 25, 1991.

As Modified on Denial of Rehearing April 29, 1992.

Attorney(s) appearing for the Case

Laurel G. Weir, Thomas L. Booker, Jr., Weir & Booker, Philadelphia, for appellant.

Thomas R. Jones, Bourdeaux & Jones, Meridian, for appellee.

Before ROY NOBLE LEE, C.J., and PITTMAN and BANKS, JJ.

Dissenting Opinion of Justice McRae September 25, 1991.

ROY NOBLE LEE, Chief Justice, for the Court:

Johnnie Bell Burton appeals from an order of the Circuit Court of Neshoba County, Mississippi, Honorable Edward A. Williamson, presiding, which granted the motion of the City of Philadelphia, Mississippi, for summary judgment. She presents four (4) issues for decision by this Court:

I. DID THE LOWER COURT ERR IN GRANTING SUMMARY JUDGMENT?

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