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SKINNER v. BERRY

No. 79-41.

583 S.W.2d 27 (1979)

Mack SKINNER et al., Trustees, Appellants, v. J. Elmer BERRY, Prairie County Judge, Appellees.

Supreme Court of Arkansas, Division 1.

June 25, 1979.

Attorney(s) appearing for the Case

J. W. Green, Jr., Stuttgart, for appellants.

Randall L. Gammill, James M. Thweatt, Hazen, for appellees.

GEORGE ROSE SMITH, Justice.

The controlling question is whether the four appellants, as "Trustees for the Churches of the City of Stuttgart," are proper parties to apply to the county judge of Prairie County for a permit to establish a cemetery upon a 4.64-acre tract of land in Prairie County.

Section 1 of Act 204 of 1929, compiled as Ark.Stat.Ann. § 82-401 (Repl.1976), provided that any party or parties proposing to establish a cemetery could apply to...

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