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CLARK SAND CO., INC. v. KELLY

No. 2008-IA-01437-SCT.

60 So.3d 149 (2011)

CLARK SAND COMPANY, INC., Clemco Industries Corporation, Pangborn Corporation, P.K. Lindsay Company, Southern Silica of Louisiana, Inc., Mississippi Valley Silica Company, Inc., and Pulmosan Safety Equipment Corporation v. Ruby C. KELLY a/k/a Ruby Kelley, Executrix of the Estate of David C. Bozeman, Deceased and on Behalf of All Wrongful Death Beneficiaries of David C. Bozeman, Deceased.

Supreme Court of Mississippi.

April 28, 2011.

Attorney(s) appearing for the Case

Fred Krutz, III , Edwin S. Gault, Jr. , Jackson, Jennifer J. Skipper , Clyde L. Nichols, III , Blayne T. Ingram , attorneys for appellants.

R. Allen Smith, Jr. , Ridgeland, David Neil McCarty , attorneys for appellees.

EN BANC.

ON MOTION FOR REHEARING

WALLER, Chief Justice, for the Court:

¶ 1. The motion for rehearing filed by the appellee is granted. The previous opinions are withdrawn, and these opinions are substituted therefor.

¶ 2. The Warren County Circuit Court denied defendant Clark Sand's motion for summary judgment, finding that the plaintiff, Ruby C. Kelley, had standing to bring this wrongful-death action, either as the decedent's personal representative...

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