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USPCI OF MISS. v. STATE EX REL. McGOWAN

No. 94-CA-00276-SCT.

688 So.2d 783 (1997)

USPCI OF MISSISSIPPI, INC. and Kirk Fordice, in his official capacity as Governor of the State of Mississippi v. STATE of Mississippi ex rel. Deirdre S. McGOWAN and Deirdre S. McGowan, Individually.

Supreme Court of Mississippi.

February 13, 1997.

Attorney(s) appearing for the Case

John L. Maxey, II, Philip C. Hearn, Maxey Wann & Begley, Jackson, J. Brad Pigott, Jackson, Michael C. Moore, Atty. Gen., James M. Hood, III, Special Asst. Atty. Gen., Jackson, for appellant.

John M. Ford, Henry P. Pate, III, Pascagoula, for appellee.

Before SULLIVAN, P.J., and SMITH and MILLS, JJ.

SMITH, Justice, for the Court:

This appeal is an outgrowth of another case, Fordice v. Thomas, 649 So.2d 835 (Miss. 1995). In many ways, a proper understanding of that case is essential to the comprehension of this one. In that case, this Court held that a literal reading of Miss. Code Ann. § 25-43-5 (1972) dictated that the Governor's Office (Governor) of the State of Mississippi is an "agency" within the meaning intended...

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