RATZLAFF v. FRANZ FOODS OF ARKANSAS

Nos. 73-152 to 73-158.

500 S.W.2d 379 (1973)

Arthur RATZLAFF et al., Appellants, v. FRANZ FOODS OF ARKANSAS, Appellee.

Supreme Court of Arkansas.

October 29, 1973.


Attorney(s) appearing for the Case

Putman, Davis & Bassett, Fayetteville, John O. Maberry, Eureka Springs, for appellants.

Crouch, Blair, Cypert & Waters by H. Franklin Waters, Springdale, for appellee.


GEORGE ROSE SMITH, Justice.

These seven appeals have been consolidated here. The controlling question is whether a plaintiff, by taking a voluntary nonsuit with respect to two counts in his complaint, can thereby convert an adverse partial summary judgment with respect to a third count into an appealable order.

Six landowners filed three suits against Franz Foods, alleging that Franz had, by discharging prohibited wastes into the sewer system of the city of...

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