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CARROLL-BOONE WATER DIST. v. M. & P. EQUIP. CO.

No. 83-38.

661 S.W.2d 345 (1983)

280 Ark. 560

CARROLL-BOONE WATER DISTRICT and McGoodwin, Williams and Yates, Inc., Appellants, v. M. & P. EQUIPMENT COMPANY, Safe-co Insurance Company of America, and Hercules, Inc., Appellees.

Supreme Court of Arkansas.

Rehearing Denied January 9, 1984.

Attorney(s) appearing for the Case

Wright, Lindsey & Jennings, Little Rock, for McGoodwin, Williams, and Yates, Inc.

Friday, Eldredge & Clark, Little Rock, W.S. Walker, Harrison, Epley, Epley & Castleberry, Ltd., Eureka Springs, for Carroll-Boone Water Dist.

Warner & Smith, Fort Smith, for Hercules, Inc.

Herby Branscum, Jr., Perryville, for M. & P. Equip.

Ashley & Ashley, Dyersburg, Tenn., and Peterson, Young, Self & Asselin, Atlanta, Ga., and James B. Blair, and Cypert & Roy, Springdale, for Safeco.

PURTLE, Justice.

The issues of this case were submitted to a Carroll County jury on interrogatories. The jury determined that: the engineering firm of McGoodwin, Williams & Yates, Inc., proximately contributed 100% of the negligence in regard to the damages in this case; McGoodwin was the agent of the owner, Carroll-Boone; the absence of builder's risk insurance on behalf of the contractor, M. & P., materially altered Safeco's performance bond for M. &...

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