TUNICA COUNTY v. GRAY

No. 2008-CA-00952-SCT.

13 So.3d 826 (2009)

Tunica COUNTY, Mississippi v. Christina Bell GRAY, Milton Bell, Charles C. Bell And Garmillia Ann Bell, Individually and as The Wrongful Death Heirs of Clarence Leon Bell, Deceased, and The Estate of Clarence Leon Bell, by and Through its Administratrix, and Renee Dowd.

Supreme Court of Mississippi.

July 23, 2009.


Attorney(s) appearing for the Case

Daniel J. Griffith, Cleveland, attorney for appellant.

Edward P. Connell, Jr., Clarksdale, attorney for appellees.

EN BANC.


LAMAR, Justice, for the Court.

¶ 1. In this case we are called upon to determine whether Mississippi Code Section 41-39-5 imposes an actionable duty on county boards of supervisors with regard to disposition of unclaimed bodies. The trial court found that the statute creates an actionable duty, and that the Tunica County Board of Supervisors violated that duty by authorizing the cremation of an unclaimed body before the expiration of the statutory waiting period...

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