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MidSOUTH RAIL CORP. v. CITIZENS BANK & TRUST CO.

No. 94-CA-00427-SCT.

697 So.2d 451 (1997)

MidSOUTH RAIL CORPORATION v. CITIZENS BANK & TRUST COMPANY, INC.

Supreme Court of Mississippi.

July 24, 1997.

Attorney(s) appearing for the Case

Earnest G. Taylor, Jr., Michael T. Dawkins, Watkins Ludlam & Stennis, Jackson, for appellant.

Robert S. Murphree, Jackson, for appellee.

LeAnn Mercer, Dogan & Wilkinson, Jackson, Daniel L. Singletary, Heidelberg & Woodliff, Jackson, for amicus curiae.

Before SULLIVAN, P.J., and PITTMAN and BANKS, JJ.

PITTMAN, Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. On June 13, 1989, Citizens Bank & Trust Company, Inc. ("Citizens Bank") filed a declaratory judgment action in the Chancery Court of Rankin County, Mississippi, against MidSouth Rail Corporation ("MidSouth"). The suit was filed to determine the liability of Citizens Bank to MidSouth for environmental clean-up costs incurred by MidSouth.

¶ 2. MidSouth removed the case...

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