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FLYE v. SPOTTS

No. 2010-IA-01764-SCT.

94 So.3d 240 (2012)

Daniel C. FLYE and Lowndes County District 1 Fire Department, v. Milton SPOTTS and Brenda Spotts.

Supreme Court of Mississippi.

August 2, 2012.

Attorney(s) appearing for the Case

John D. Brady , Columbus, attorneys for appellants.

Berkley N. Huskison , Columbus, William P. Starks, II , Starkville, attorney for appellees.

Before DICKINSON, P.J., LAMAR and KITCHENS, JJ.

LAMAR, Justice, for the Court:

¶ 1. This interlocutory appeal presents the issue of whether a volunteer fire department incorporated under the Mississippi Non-Profit Corporation Act1 is a "political subdivision" under the Mississippi Tort Claims Act2 (MTCA) and thus immune from liability. The volunteer fire department3 argues immunity for itself and its employee, asserting...

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