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C & M CONST. v. SIMMONS FIRST NAT. BANK, ETC.

No. 76-406.

545 S.W.2d 631 (1977)

C & M CONSTRUCTION CO., INC., Appellant, v. SIMMONS FIRST NATIONAL BANK OF PINE BLUFF, Appellee.

Supreme Court of Arkansas, In Banc.

January 24, 1977.

Attorney(s) appearing for the Case

John M. Fincher, North Little Rock, for appellant.

John G. Lile, Pine Bluff, Larry C. Wallace, North Little Rock, Michael G. Thompson, Little Rock, for appellee.

PER CURIAM.

Appellee's motion to dismiss the appeal is denied. The motion is based upon non-compliance with Ark.Stat.Ann. § 27-2127.1 (Supp.1975) and Rule 26A, Rules of the Supreme Court, 3A Ark.Stat.Ann. (Supp. 1975 p. 135) in that: notice of application for extension of time for filing the record in this case was not given to appellee's attorney; the order granting the extension did not recite that a reporter's transcript of the evidence had been ordered; and...

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