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ARK-HOMA FOODS, INC. v. WARD

No. 5-5683.

473 S.W.2d 910 (1971)

ARK-HOMA FOODS, INC., Appellant, v. Claude C. WARD, Jr., et al., Appellees.

Supreme Court of Arkansas.

December 20, 1971.

Attorney(s) appearing for the Case

Garner, Parker & Garner, Fort Smith, for appellant.

Bethell, Callaway, King & Robertson, Fort Smith, for appellees.

BROWN, Justice.

This action was instituted by Ark-Homa Foods, Inc. against Claude C. Ward, Jr., and Frank A. Drum, a partnership doing business as Border City Ice and Cold Storage Company. When it became apparent from the pleadings and interrogatories that Ark-Homa Foods was not the proper party plaintiff, Ark-Homa moved to substitute its insurer as plaintiff. That motion was denied and the cause was dismissed. On appeal, Ark-Homa alleges error in denying its motion...

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