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SMART v. GATES

No. 5-2705.

355 S.W.2d 184 (1962)

Walter W. SMART and Jessie W. Smart, Appellants, v. M. W. GATES, Louis B. Jones, and W. M. Gibbs, Commissioners of Sewer Improvement District No. 1 of Forrest City, Arkansas, Appellees.

Supreme Court of Arkansas.

March 19, 1962.

Attorney(s) appearing for the Case

O. H. Hargraves, Forrest City, for appellants.

Knox Kinney, Forrest City, Mehaffy, Smith & Williams, by James E. Westbrook, Little Rock, for appellees.

WARD, Justice.

This appeal challenges the validity of Sewer Improvement District No. 1 of Forrest City, Arkansas on the ground that said district embraces lands lying within and outside of the City limits.

Appellants, who are resident property owners of the City, filed a complaint, as a class action, in chancery court against appellees who are the duly appointed Commissioners of said Improvement District. The complaint alleges the said "District is invalid...

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