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SINGING RIVER MALL COMPANY v. MARK FIELDS, INC.

No. 07-CA-59493.

599 So.2d 938 (1992)

SINGING RIVER MALL COMPANY, a Partnership v. MARK FIELDS, INC., a Mississippi Corporation.

Supreme Court of Mississippi.

Rehearing Denied June 24, 1992.

Attorney(s) appearing for the Case

Vincent J. Castigliola, Jr., Bryan Nelson Allen Schroeder & Backstrom, Pascagoula, for appellant.

Robert A. Pritchard, Pritchard & Chapman, Henry P. Pate, Pascagoula, John W. Chapman, Brandon, for appellee.

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

PRATHER, Justice, for the court:

I.

INTRODUCTION

This case for past-due rent arose on the appeal of the plaintiff-landlord, Singing River Mall Co., from the October 13, 1988, judgment of the Circuit Court of Jackson County in favor of the defendant-tenant, Mark Fields, Inc. The mall timely appeals the judgment of $25,000 in actual damages, raising the following questions:

A. Did the mall improperly act as a public utility?...

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