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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2005-CA-00470-COA JOSEPH ERICH WILLING, JR., AND JEANETTE WILLING, INDIVIDUALLY, AND AS PARENT AND NATURAL GUARDIAN OF THE MINORS JOSEPH BRANDON WILLING AND CHADWICK MITCHELL WILLING, AND AS ADMINISTRATRIX OF THE ESTATE OF JOSEPH ERICH WILLING, SR., DECEASED v. ESTATE OF RICHARD BENZ, JR., DECEASED, WENDY P. BENZ, EXECUTRIX AND THE CITY OF GREENWOOD, MISSISSIPPI DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANTS: ATTORNEYS FOR APPELLEES: APPELLEES APPELLANTS

NATURE OF THE CASE: TRIAL COURT DISPOSITION:

DISPOSITION: MOTION FOR REHEARING FILED:

12/8/2004 HON. W. ASHLEY HINES LEFLORE COUNTY CIRCUIT COURT THOMAS HENRY FREELAND RICHARD BENZ, JR. ARNOLD F. GWIN WILTON V. BYARS TERRY DWAYNE LITTLE CIVIL - WRONGFUL DEATH CITY OF GREENWOOD'S MOTION FOR SUMMARY JUDGMENT GRANTED. ATTORNEY'S FEE AWARDED TO RICHARD BENZ. AFFIRMED IN PART; REVERSED AND REMANDED IN PART - 11/21/2006 12/5/2006 DENIED; AFFIRMED IN PART; REVERSED AND REMANDED IN PART 3/27/2007

MANDATE ISSUED:

MODIFIED OPINION ON MOTION FOR REHEARING EN BANC BARNES, J., FOR THE COURT:



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