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IN THE SUPREME COURT OF MISSISSIPPI NO. 2002-IA-00845-SCT

GREG ELKINS v. MODENER McKENZIE, WIFE AND NEXT FRIEND OF EDDIE McKENZIE, DECEASED

DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEYS FOR APPELLANT:

ATTORNEYS FOR APPELLEE: NATURE OF THE CASE: DISPOSITION: MOTION FOR REHEARING FILED: MANDATE ISSUED:

5/13/2002 HON. MICHAEL R. EUBANKS MARION COUNTY CIRCUIT COURT LAWRENCE ELDER HAHN THOMAS D. McNEESE WILLIAM C. CALLENDER DAVID GLEN GALYON JOHN M. COLETTE CIVIL - WRONGFUL DEATH REVERSED AND RENDERED - 10/30/2003

CONSOLIDATED WITH NO. 2002-CA-00853-SCT MODENER McKENZIE, WIFE AND NEXT FRIEND OF EDDIE McKENZIE, DECEASED v. CITY OF COLUMBIA, MISSISSIPPI, JERRY HOWIE, AND OFFICER PEARLIE HENDRICKS

DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED:

5/13/2002 HON. ROBERT I. PRICHARD, III MARION COUNTY CIRCUIT COURT

ATTORNEYS FOR APPELLANT: ATTORNEYS FOR APPELLEES:

NATURE OF THE CASE: DISPOSITION: MOTION FOR REHEARING FILED: MANDATE ISSUED: EN BANC.

DAVID GLEN GALYON JOHN M. COLETTE LAWRENCE ELDER HAHN THOMAS D. McNEESE WILLIAM C. CALLENDER CIVIL - WRONGFUL DEATH AFFIRMED IN PART; REVERSED AND REMANDED IN PART - 10/30/2003

EASLEY, JUSTICE, FOR THE COURT: STATEMENT OF THE CASE

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