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BURCH v. ILLINOIS CENT. R.R. CO.

No. 2013-CA-00414-SCT.

136 So.3d 1063 (2014)

James Allen BURCH, William Harold Burch, and Nancy Burch McCloud, as Wrongful Death Beneficiaries of Harold E. Burch, Deceased. v. ILLINOIS CENTRAL RAILROAD COMPANY.

Supreme Court of Mississippi.

April 24, 2014.

Attorney(s) appearing for the Case

John Timothy Givens , Jackson, Timothy W. Porter , Patrick C. Malouf , Ridgeland, attorneys for appellants.

Stephanie Camille Reifers , attorney for appellee.

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

COLEMAN, Justice, for the Court:

¶ 1. Plaintiffs filed a wrongful death suit against Illinois Central for the death of their father. The case was dismissed because the three-year statute of limitations had run. Plaintiffs appealed, claiming that the statute of limitations had not expired, because it was tolled while the first suit, filed by the plaintiffs' mother, was pending.

Facts and Procedural History

¶ 2. Harold Burch worked for Illinois...

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