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RUSSELL v. DIGBY

No. 81-228.

627 S.W.2d 25 (1982)

Robert M. RUSSELL, Petitioner, v. Tom F. DIGBY, Sixth District Circuit Judge, Third Division, Pulaski County, Arkansas, and Worthen Bank & Trust Co., N. A., Respondents.

Supreme Court of Arkansas.

February 1, 1982.

Attorney(s) appearing for the Case

Henry & Duckett, by David P. Henry, Little Rock, for petitioner.

Thomas P. Thrash, Little Rock, for respondent Worthen Bank & Trust Co., N. A.

Appellees' motion to dismiss is granted.

ADKISSON, C. J., and HICKMAN and PURTLE, JJ., dissent.

PURTLE, Justice, dissenting.

I feel the majority has inflicted an unnecessary and serious injury upon this particular petitioner and upon untold numbers who will stand in his place in the future. The petition to dismiss the appeal should not be allowed under the circumstances presented by the respondents. By refusing...

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