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STEPHENS v. CITY OF SPRINGDALE

No. 5-2435.

350 S.W.2d 182 (1961)

John P. STEPHENS et al. Appellants, v. CITY OF SPRINGDALE et al. Appellees.

Supreme Court of Arkansas.

Rehearing Denied November 6, 1961.

Attorney(s) appearing for the Case

Carlos B. Hill, Fayetteville, for appellants.

Charles E. Davis, Lovell & Evans, Springdale, of counsel, for appellees,

McFADDIN, Justice.

The appellants prosecute this appeal from a Decree of the Chancery Court (a) sustaining a demurrer to their amended and substituted complaint and (b) granting appellees' motion to dismiss the complaint. Since the record contains no statement to the effect that the appellants—plaintiffs below—elected to stand on their amended and substituted complaint after the demurrer was sustained, we cannot treat the order of the Court sustaining...

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