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MAUCK v. COLUMBUS HOTEL CO.

Nos. 97-CA-00114-SCT, 90-CA-00846-SCT.

741 So.2d 259 (1999)

Edwin C. MAUCK and Kenneth L. Smotherman v. COLUMBUS HOTEL COMPANY, A Delaware Corporation, First Federal Bank For Savings, and The City of Columbus, Mississippi. Columbus Hotel Company, A Delaware Corporation v. Elmer Pierce, Jr., Charles N. White, d/b/a El Ark, Inc., an Arkansas Corporation, Kenneth L. Smotherman, and Edwin C. Mauck, First Federal Bank For Savings, and The City of Columbus, Mississippi.

Supreme Court of Mississippi.

August 26, 1999.

Attorney(s) appearing for the Case

James Ray Mozingo, Craig D. Smith, Jackson, J. Tyson Graham, Columbus, Attorneys for Appellants.

J. Randolph Lipscomb, Jeffrey J. Turnage, David L. Sanders, R. Gawyn Mitchell, Columbus, Attorneys for Appellees.

EN BANC.

ON MOTION FOR CLARIFICATION1

BANKS, Justice, for the Court:

¶ 1. The motions for rehearing on behalf of First Federal Bank and the City of Columbus are granted. The motion for rehearing filed on behalf of Columbus Hotel Company is denied. The opinions and order granting attorney fees on appeal previously issued by this Court are withdrawn and this opinion is substituted therefor.

¶ 2. We treat...

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