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DOWNIE v. PRITCHARD

No. 17012.

309 F.2d 634 (1962)

Robert C. DOWNIE, Administrator of the Estate of Eugene G. Smith, Appellant, v. Mrs. Mary Ellen PRITCHARD, Wife of Charles G. Pritchard, Appellee.

United States Court of Appeals Eighth Circuit.

November 13, 1962.

Attorney(s) appearing for the Case

John M. Harrison, Little Rock, Ark., for appellant, Joseph C. Kemp, City Atty., Little Rock, Ark., on the brief.

Sidney W. Provensal, Jr., New Orleans, La., for appellee and Amis Guthridge, Little Rock, Ark., on the brief.

Before VOGEL and VAN OOSTERHOUT, Circuit Judges, and VAN PELT, District Judge.

VAN OOSTERHOUT, Circuit Judge.

This is a timely appeal by the defendant administrator from order denying his motion to dismiss complaint upon the ground that plaintiff's admitted failure to comply with the provisions of the Arkansas non-claim statutes, Ark.Stats. §§ 62-2601 et seq., compels a dismissal of the action. We granted defendant leave to take this appeal from the interlocutory order pursuant to 28 U.S.C.A. § 1292(b).

Defendant's position...

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