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01/23/95 S & S DRAGLINE SERVICES v. CARROLL D.

January 23, 1995

S & S DRAGLINE SERVICES, INC., APPELLANT
v.
CARROLL D. CALHOUN AND JAMES R. CALHOUN, D/B/A C & M MILLING, APPELLEES



Before McMILLIN, P.j., Diaz, And King, JJ.

The opinion of the court was delivered by: King, J., For The Court:

S Dragline Services, Inc. v. Calhoun et al dba C & M Milling, 95-CA-00192, __ So. 2d __

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. KEITH STARRETT

COURT FROM WHICH APPEALED: LINCOLN COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - CONTRACT

TRIAL COURT DISPOSITION: PLAINTIFF/APPELLEE GRANTED JUDGMENT OF $12,756.70

DISPOSITION AFFIRMED - 7/14/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

This appeal arises from a $12,756.70 judgment entered in the Lincoln County Circuit Court in favor of the appellee, C&M Milling ("Milling"). The appellant, S&S Dragline ("Dragline") appeals and assigns the following issues as error:

1. The trial court committed reversible error in denying Appellant's motion to amend the Answer to include affirmative defenses pursuant to §§ 15-3-1 (Rev. 1995) and 75-1-206 of the Miss. Code Ann. (1972 ).

2. The trial court committed reversible error in refusing Appellant's Jury Instructions D-21, D-22, D-23, and D-25 which concerned the affirmative ...


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