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ROGERS v. MARLIN

No. 97-CA-00614-COA.

754 So.2d 1267 (1999)

Jesse ROGERS, Robert and Susan Strickland, Gilbert A. and Barbara J. Hall, Audrey T.C. and Virginia Oliver, Appellants, v. Clifton B. MARLIN, Packaging Corporation of America, Jimmie U. Crane and Johnny Crane, Appellees.

Court of Appeals of Mississippi.

December 14, 1999.

Attorney(s) appearing for the Case

T.K. Moffett, George S. Whitten, Jr., Tupelo, Attorneys for Appellants.

Raymond G. O'Neal, III, Fulton, Attorney for Appellees.

EN BANC.

ON MOTION FOR REHEARING

PAYNE, J., for the Court:

PROCEDURAL POSTURE

¶ 1. Following the Itawamba County Board of Supervisors's attempt to declare that the roads in question were public in character, appellants/cross-appellees (hereinafter Rogers, et al.) filed an action in the Chancery Court of Itawamba County seeking to reverse the actions of the Board of Supervisors and to prevent the appellees/cross-appellants (hereinafter Marlin, et al...

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