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McKINLEY v. LAMAR BANK

No. 2002-CT-0270-SCT.

919 So.2d 918 (2005)

Jerald D. McKINLEY v. The LAMAR BANK, James S. Welch, Jr., and George Gunter.

Supreme Court of Mississippi.

December 1, 2005.

Attorney(s) appearing for the Case

Lawrence E. Abernathy, III, John T. Kersh, Laurel, attorneys for appellant.

C. Stephen Seale, Amanda Clearman Waddell and S. Robert Hammond, Jr., Gulfport, Monica R. Morrison, Richard F. Yarborough, Jr., Jackson, attorneys for appellees.

EN BANC.

ON MOTION FOR REHEARING

CARLSON, Justice, for the Court.

¶ 1. The motion for rehearing is granted. The original opinion is withdrawn, and this opinion is substituted therefor.

¶ 2. Claiming, inter alia, that a bank had wrongfully commenced foreclosure proceedings on his property pursuant to a deed of trust which allegedly had previously been satisfied and canceled of record, Jerald D. McKinley commenced a suit for damages against...

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