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ORKIN EXTERMINATING CO. v. WHEELING PIPELINE

No. 78-5.

567 S.W.2d 117 (1978)

ORKIN EXTERMINATING COMPANY, Appellant, v. WHEELING PIPELINE, INC., Appellee.

Supreme Court of Arkansas, In Banc.

June 19, 1978.

Attorney(s) appearing for the Case

Brown, Compton & Prewett by Floyd M. Thomas, Jr., El Dorado, for appellant.

Shackleford, Shackleford & Phillips, El Dorado, for appellee.

HICKMAN, Justice.

Wheeling Pipeline, Inc. sued Orkin Exterminating Company in the Union County Circuit Court for damages caused in a highway accident to a Wheeling Pipeline truck. Wheeling alleged that Orkin was liable because an employee of Orkin's, Jo M. Walker, negligently caused an accident damaging Wheeling's truck. Orkin denied liability arguing that Walker was not acting within the scope of his employment at the time of the accident.

The case was submitted...

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