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IDEAL MUTUAL INS. CO. v. McMILLIAN

No. 82-5.

631 S.W.2d 274 (1982)

IDEAL MUTUAL INSURANCE COMPANY, Appellant, v. David McMILLIAN and Dana McMillian, His Wife, Appellees.

Supreme Court of Arkansas.

Rehearing Denied May 10, 1982.

Attorney(s) appearing for the Case

Hubbard, Patton, Peek, Haltom & Roberts by William G. Bullock, Texarkana, Tex., for appellant.

House, Holmes & Jewell, P. A., Little Rock, for appellees; Robert L. Robinson, Jr. and Terry C. Paulson, Little Rock, on the brief.

ADKISSON, Chief Justice.

An airplane, insured by appellant, Ideal Mutual Insurance Company, crashed near Dierks, Arkansas, in 1978. The pilot was killed, and the appellee, McMillian, was injured. After the pilot's estate was closed, appellee filed a negligence suit against the estate pursuant to Ark.Stat.Ann. § 62-2601(f) (Repl.1971). Sheriff David Goodwin was appointed special administrator to receive service of process.

The sheriff, as special administrator...

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