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BENEDICT v. CITY OF HATTIESBURG

No. 93-CA-00259-SCT.

693 So.2d 377 (1997)

Douglas E. BENEDICT, Sr. v. CITY OF HATTIESBURG, Mississippi, Carlynn Courtney, in her official capacity as City of Hattiesburg Election Commissioner; George Zecoux, in his capacity as City of Hattiesburg Election Commissioner; Sam Buchanan, in his official capacity as City of Hattiesburg Election Commissioner; Hazel Watkins, in her official capacity as City of Hattiesburg Election Commissioner; and Ethel Pollard, in her official capacity as City of Hattiesburg Election Commissioner and CBL & Associates, Inc.

Supreme Court of Mississippi.

May 8, 1997.

Attorney(s) appearing for the Case

James D. Harrell, IV, Hattiesburg; Michael Clayton Barefield, Barefield & Barefield, Hattiesburg, for Appellant.

Jerry A. Evans, Robert L. Rogers, Jr., Hattiesburg, for Appellee.

Before PRATHER, P.J., and PITTMAN and McRAE, JJ.

PITTMAN, Justice, for the Court.

STATEMENT OF THE CASE AND FACTS1

Douglas E. Benedict, Sr., filed a complaint against the City of Hattiesburg, et al., ("Hattiesburg"). This complaint was filed the same day that an election was held regarding the question of permitting or prohibiting the use, possession and sale of alcoholic beverages in the area of Lamar County located within the City of Hattiesburg. Prior to the...

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