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LOGGERS, L.L.C. v. 1 UP TECHNOLOGIES

No. 2009-CA-01471-SCT.

50 So.3d 992 (2011)

LOGGERS, L.L.C., A Mississippi Limited Liability Company and Gary Troescher, Individually v. 1 UP TECHNOLOGIES, L.L.C., A Louisiana Limited Liability Company.

Supreme Court of Mississippi.

January 6, 2011.

Attorney(s) appearing for the Case

Nathan S. Farmer , Picayune, attorney for appellants.

Michael Chad Moore , attorney for appellee.

Before GRAVES, P.J., DICKINSON and CHANDLER, JJ.

GRAVES, Presiding Justice, for the Court:

¶ 1. This is an appeal from the Circuit Court of Pearl River County involving whether the appellants waived an affirmative defense by not specifically asserting it in their answer. Because the appellants are barred from raising the affirmative defense for the first time at trial, we affirm the judgment of the trial court.

FACTS

¶ 2. In April 2007, Loggers, LLC, and Gary Troescher ("Loggers") entered...

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