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ARK. CEMETERY BD. v. MEMORIAL PROPERTIES, INC.

No. 80-196.

616 S.W.2d 713 (1981)

ARKANSAS CEMETERY BOARD, Appellant, v. MEMORIAL PROPERTIES, INC., d/b/a North Hills Memorial Gardens, Appellee.

Supreme Court of Arkansas.

Opinion on Rehearing May 11, 1981.

Attorney(s) appearing for the Case

Kenneth E. Suggs, North Little Rock, for appellant.

Arkansas Cemetery Bd., by Martin J. Nevrla, Richard B. Calaway, Little Rock, for appellee.

HICKMAN, Justice.

On rehearing, we decide the controlling issue in this case was not raised at the administrative hearing. The question of the Board's authority to order the twenty percent contribution was only referred to in the hearing during the cross-examination of Tommy H. Russell, Sr., president of Memorial Properties, Inc., by the Board's attorney.

At the administrative hearing the appellee did not claim that the Board lacked the authority to impose...

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