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SMITH v. ORKIN EXTERMINATING CO., INC.

Civ. A. No. S89-0525(G).

791 F.Supp. 1137 (1990)

Sidney H. SMITH, Plaintiff, v. ORKIN EXTERMINATING COMPANY, INC., Defendant.

United States District Court, S.D. Mississippi, S.D.

October 23, 1990.

Attorney(s) appearing for the Case

Joe Sam Owen, Gulfport, Miss., for plaintiff.

Joshua J. Wiener, Jackson, Miss., for defendant.

MEMORANDUM OPINION

GEX, District Judge.

The plaintiff, Sidney H. Smith, brings this action against defendant Orkin Exterminating Company, Inc. [Orkin] for damages sustained as a result of Orkin's allegedly negligent fumigation of Smith's home. In addition, the plaintiff contends that Orkin breached its express warranty. Orkin now moves for summary judgment.

Statement of Facts

As is the course for most summary judgment situations...

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