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PRESLEY v. MISSISSIPPI STATE HWY. COM'N

No. 90-CC-0644.

608 So.2d 1288 (1992)

Mable PRESLEY, Administratrix of the Estate of Mattie Presley, Deceased, and Charley Earl Presley, Minor Son, Sole Heir, and Wrongful Death Beneficiary of Mattie Presley, Deceased, Margaret Presley and Ruby J. Presley, Jr. v. MISSISSIPPI STATE HIGHWAY COMMISSION.

Supreme Court of Mississippi.

Rehearing Denied December 3, 1992.

Dissenting Opinion of Denial of Rehearing December 3, 1992.

Attorney(s) appearing for the Case

Richard T. Phillips, Smith Phillips & Mitchell, Batesville, Barrett J. Clisby, Roberts & Clisby, Oxford, for appellants.

Michael C. Moore, Atty. Gen., Alan M. Purdie and Rickey T. Moore, Sp. Asst. Attys. Gen., Jackson, for appellee.

Karla J. Pierce, Dale Hubbard, Ferrell & Hubbard, Jackson, James E. Holland, Cleveland, Jim P. Brantley, Brantley & Knowles, W. David Watkins, Brunini Grantham Grower & Hewes, Ottowa E. Carter, Jr., Brunini Firm, P. David Andress, Brunini Firm, Jackson, for amicus curiae.

En Banc.

HAWKINS, Presiding Justice, for the Court:

Mable Presley and Charley Earl Presley, administratrix and wrongful death beneficiary, respectively, of Mattie Presley, deceased, have appealed the dismissal of their wrongful death suit against the Mississippi State Highway Commission (Commission) because of sovereign immunity granted the Commission under Miss. Code Ann. § 11-46-1, et seq. (Supp. 1987), the Sovereign Immunity Act. At issue on appeal is the constitutionality...

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