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CAPITAL CITY INS. v. G.B. "BOOTS" SMITH

No. 2002-CA-01896-SCT.

889 So.2d 505 (2005)

CAPITAL CITY INSURANCE COMPANY and W.L. Wicker d/b/a Wicker Logging v. G.B. "BOOTS" SMITH CORPORATION.

Supreme Court of Mississippi.

Rehearing Denied January 6, 2005.

Attorney(s) appearing for the Case

Brent E. Southern, Patrick M. Tatum, Ridgeland, William T. May, Newton, attorneys for appellants.

Brett Woods Robinson, Laurel, Christopher Brian McDaniel, attorneys for appellee.

EN BANC.

EASLEY, Justice, for the Court.

PROCEDURAL HISTORY

¶ 1. G.B. "Boots" Smith Corporation (Boots Smith) was awarded a contract with the Mississippi Department of Transportation (MDOT) for improvements being made to a right of way along Interstate 20 in Scott and Newton Counties. Boots Smith hired a subcontractor, W.L. Wicker d/b/a Wicker Logging (Wicker Logging), to clear some timber on the right-of-way. Capital...

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