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ESTATE OF BROWN v. PEARL RIVER VALLEY

No. 91-CA-159.

627 So.2d 308 (1993)

The ESTATE OF Shelby BROWN, Jr., By and Through its Administrator, Shelby BROWN, Sr., Rosie Brown, Individually, and Shelby Brown, Sr., Individually v. PEARL RIVER VALLEY OPPORTUNITY, INC. and Sophia Sutton Mission Assembly.

Supreme Court of Mississippi.

Rehearing Denied December 23, 1993.

Attorney(s) appearing for the Case

Lance L. Stevens, Stevens & Ward, Jackson, for appellant.

Michael Adelman, Dorrance Aultman, Aultman Tyner McNeese & Ruffin, Hattiesburg, for appellee.

PRATHER, P.J., and BANKS and SMITH, JJ.

BANKS, Justice, for the Court:

Here we are asked to reverse a summary judgment granted in favor of the Pearl River Valley Opportunity, Inc. on grounds that the action is barred by the exclusive remedy provisions of the workers' compensation act. Resolution turns on the question of whether the deceased was acting within the scope of his employment, a question previously answered in the negative in workers' compensation proceedings. The circuit court answered affirmatively...

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