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BARTON v. FRED NETTERVILLE LUMBER CO.

No. CIV.A.5:03-CV-145BN.

317 F.Supp.2d 700 (2004)

John W. BARTON, Sr. and Robert O. Butler, Sr. Plaintiffs v. FRED NETTERVILLE LUMBER CO. Defendant

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

May 6, 2004.

Attorney(s) appearing for the Case

Peter Larkin Doran, Wells, Moore, Simmons & Hubbard, Jackson, MS, Stephen Chiccarelli, Michael P. Fruge', Breazeale, Sachse & Wilson, Baton Rouge, LA, for John W. Barton, Sr., Robert O. Butler, Sr., plaintiffs.

Bruce M. Kuehnle, Jr., Bruce M. Kuehnle, Jr., PLLC, Natchez, MS, for Fred Netterville Lumber Company, defendant.

OPINION AND ORDER

BARBOUR, District Judge.

This cause is before the Court on the following Motions:

1) the Motion for Summary Judgment of Plaintiff John Barton and Plaintiff Robert Butler; and

2) the Motion for Summary Judgment of Defendant Fred Netterville Lumber Co. (hereinafter "Netterville").

Having considered the Motions, the Responses, the Rebuttals and all attachments to each, as well as supporting and opposing authority...

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