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DRUMMOND CITIZENS INS. CO. v. SERGEANT

No. 78-206.

588 S.W.2d 419 (1979)

DRUMMOND CITIZENS INSURANCE COMPANY and Roller Funeral Home, Appellants, v. Chester SERGEANT, as Executor of the Estate of Dorothy Mae Miller, Deceased and Elton Kirby and Alan Blevins d/b/a Kirby-Blevins Funeral Home, Appellees.

Supreme Court of Arkansas, In Banc.

Rehearing Denied November 19, 1979.

Attorney(s) appearing for the Case

Poynter, Huckaba & Gearhart, Mountain Home, and Catlett & Stubblefield, Little Rock, for appellants.

Bailey & Paden and Engeler, Johnson & Sanders, Mountain Home, for appellees.

J. V. SPENCER, III, Special Justice.

This appeal involves the proper contractual interpretation of three (3) burial certificates issued by the Baxter County Burial Association, and whether a restraining order should have been issued by the lower court to protect an alleged contractual right.

The material facts are undisputed. The Baxter County Burial Association issued certificate No. 11022A in the amount of $300.00 to Dorothy Mae Miller, and later issued...

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