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WOMACK v. HORTON

No. 84-109.

674 S.W.2d 935 (1984)

283 Ark. 227

Homer WOMACK and Pat Womack, Appellants, v. Roy HORTON d/b/a Horton Tomato Company, Appellee.

Supreme Court of Arkansas.

Rehearing Denied October 15, 1984.

Attorney(s) appearing for the Case

Haley & Claycomb by Robert Stark Ligon, P.A., Warren, for appellee.

Gibson Law Firm by John F. Gibson, Jr., Monticello, for appellants.

DUDLEY, Justice.

The sole issue on this appeal is whether the trial court was right in deeming plaintiff's requests for admissions admitted because the responses were not filed within the thirty days allowed by ARCP Rule 36(a). We find the trial court was correct. Jurisdiction is in this court under Rule 29(1)(c).

After the complaint and answers had been filed, the plaintiff, on September 9, 1983, filed seventeen requests for admissions. At the same time,...

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