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MADDEN v. HART

No. 5-5351.

463 S.W.2d 352 (1971)

Sheldon MADDEN, Jack Madden, and Robert E. Priest, Appellants, v. L. E. HART, John Robert Bowman, and Jack Hart, Appellees.

Supreme Court of Arkansas.

February 15, 1971.

Attorney(s) appearing for the Case

Tackett, Young, Patton & Harrelson, Texarkana, for appellants.

Smith, Stroud, McClerkin & Conway, Texarkana, for appellees.

BYRD, Justice.

Prior to August 25, 1969, there were two ready mix cement plants in Ashdown. One was known as "Ashdown Ready-Mix" and the other as "Associated Ready-Mix."

The "Ashdown Ready-Mix", originally owned by Robert Earl Priest, an experienced cement finisher, was acquired by appellant Sheldon Madden for his adult married son, appellant Jack Madden. At the time of trial the Ashdown Ready-Mix was owned by Madden Manufacturing Co., Inc., and operated by...

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