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MISSISSIPPI TRANSPORTATION COMMISSION v. SWINDLE

No. 93-CA-01301-COA.

678 So.2d 1016 (1996)

MISSISSIPPI TRANSPORTATION COMMISSION v. Wally Don SWINDLE, Tommy Brooks, Deposit Guaranty National Bank, formerly Merchants & Farmers, beneficiary, W.B. Meek, Trustee, Deposit Guaranty National Bank, beneficiary, Robert G. Barnett, Trustee.

Court of Appeals of Mississippi.

Rehearing Denied May 21, 1996.

Attorney(s) appearing for the Case

John Morell Sumner, Winona, for Appellant.

Caroline R. Moore, Albuquerque, NM, for Appellees.

Before FRAISER, C.J., and BARBER and McMILLIN, JJ.

Affirmed on condition that appellee enter a remittitur of $140,650, thereby reducing the judgment to $109,350, said remittitur to be filed with the clerk of the Webster County Court of Eminent Domain within fifteen days of February 27, 1996; however, upon the failure of the appellee to so enter a remittitur, then this cause is reversed and remanded for a new trial on the issue of just compensation.

BRIDGES and THOMAS, P.JJ., and COLEMAN, DIAZ, KING, PAYNE and SOUTHWICK...

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