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LOYD v. SOUTHWEST ARKANSAS UTILITIES CORP.

No. 78-85.

586 S.W.2d 229 (1979)

Robert J. LOYD and Iris June Loyd, Husband and Wife, et al., Appellants, v. SOUTHWEST ARKANSAS UTILITIES CORPORATION, Appellee.

Supreme Court of Arkansas, In Banc.

September 12, 1979.

FOGLEMAN, Justice, concurring.

(This opinion, originally filed in concurrence with the majority opinion originally filed is refiled as a concurrence with the substituted opinion rendered on rehearing on May 21, 1979, Ark., 580 S.W.2d 935).

I am both amazed and alarmed that this court would discuss an issue (1) not raised in the trial court, (2) not raised on appeal and (3) upon which the parties did not want a decision....

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