JOHNSON & JOHNSON v. FIRST NAT. BANK ETC.

No. CA 79-215.

594 S.W.2d 870 (1980)

JOHNSON & JOHNSON, d/b/a Chickopee Mfg. Co. and Ralph Thompkins, Appellants, v. FIRST NATIONAL BANK IN LITTLE ROCK, Guardian of the Estate of Eli Esau and Northwestern National Insurance Company, Appellees.

Court of Appeals of Arkansas.

Released for Publication March 19, 1980.


Attorney(s) appearing for the Case

Friday, Eldridge & Clark, Little Rock, for appellants.

Haskins & Wilson, by Gary Eubanks & Associates, Dan F. Bufford, Little Rock, for appellees.


Released for Publication by the Court of Appeals March 19, 1980.

NEWBERN, Judge.

The circuit judge granted a new trial on the ground that a jury verdict for the defendants-appellants was rendered after the case had been removed to a federal court. We hold that it was at the urging of and in response to a motion by the appellees that the action of which they complained in a "mistrial" motion, occurred. The appellees were thus estopped from contending the trial...

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