Case: 1:11-cv-00103-GHD-DAS Doc #: 209 Filed: 08/09/13 1 of 1 PageID #: 1311
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
KMART CORPORATION
PLAINTIFF
v.
CIVIL ACTION NO. 1:11-CV-OOI03-GHD-DAS
THE KROGER CO.; E & A SOUTHEAST LIMITED PARTNERSHIP; FULTON IMPROVEMENTS, LLC; KANSAS CITY RAIL WAY COMPANY; and CITY OF CORINTH
DEFENDANTS
ORDER GRANTING CITY OF CORINTH'S MOTION TO DISMISS OR, IN THE
ALTERNATIVE, lVlOTION FOR SUlVlMARY JUDGMENT
Pursuant to an opinion issued this day, it is hereby ORDERED that: (1) Defendant the City of Corinth's motion to dismiss or, in the alternative, motion for
summary judgment [85] is GRANTED, as the City is entitled to sovereign immunity from suit under the Mississippi Tort Claims Act's discretionary function exemption, Mississippi Code ยง 11-46-9(1)(d); (2) All claims against Defendant the City of Corinth are hereby DISMISSED; and (3) Defendant the City of Corinth is DISMISSED as a party to the action.
All memoranda, depositions, declarations, and other materials considered by the Court in ruling on this motion are hereby incorporated into and made a part of the record in ~
this action.
It is SO ORDERED, THIS,
~day of August, 2013.
Jklf.8~
SE
RJUDGE
1