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EMBERSON v. BUFFINGTON

No. 5-1357.

306 S.W.2d 326 (1957)

Martha EMBERSON et al., Appellants, v. Joe BUFFINGTON, Special Administrator, et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied November 25, 1957.

Attorney(s) appearing for the Case

Donald Poe, Waldron, for appellants.

Hardin, Barton, Hardin & Garner, Ft. Smith, for appellees.

HARRIS, Chief Justice.

This appeal involves the constitutionality of Section 75-915, Ark.Stats. (1947) Ann., which was passed by the 1935 General Assembly as Act 179. The pertinent part of this statute which is under attack, provides as follows:

"* * * And in no event shall any person related by blood or marriage within the third degree of consanguinity or affinity to such owner or operator, or the husband, widow, legal representative, or heirs of such person...

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