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McKNIGHT v. ARKANSAS STATE HIGHWAY COM'N

No. 78-230.

576 S.W.2d 209 (1979)

Earl McKNIGHT, Jr., Appellant, v. ARKANSAS STATE HIGHWAY COMMISSION, Appellee.

Supreme Court of Arkansas, Division 2.

February 5, 1979.

Attorney(s) appearing for the Case

W. Q. Hall, Huntsville, for appellant.

Thomas B. Keys and Philip N. Gowen, Little Rock, for appellee.

HICKMAN, Justice.

The summary decree granted in this case by the chancellor must be reversed because material questions of fact remain unresolved. It was incumbent upon the appellee in this case, the Arkansas State Highway Commission, to show that there was no issue of fact. Robinson v. Rebsamen Ford, Inc., 258 Ark. 935, 530 S.W.2d 660 (1975).

The Highway Commission filed suit in the Chancery Court of Madison County...

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