IN RE ARKANSAS COMMUNITIES, INC.

No. 83-2311.

741 F.2d 185 (1984)

In re ARKANSAS COMMUNITIES, INC., Debtor in Possession. ARKANSAS POWER AND LIGHT COMPANY, Appellant, v. ARKANSAS COMMUNITIES, INC., formerly known as Arkansas Community Development Corporation; Westinghouse Credit Corporation; Horace H. Sewall and Martha G. Sewall, his wife; L.B. McLeod and Vera B. McLeod; Stanley K. Ross and Sara C. Ross, his wife; Diamondhead Property Owners Association, Inc.; Worthen Bank and Trust Company, N.A.; Frances X. Severtsen and Alice D. Severtsen, his wife; Edwin B. Schmink and Geraldine B. Schmink, his wife; Union Planters National Bank of Memphis, Memphis, Tennessee; Frank H. Surpless and Margaret K. Surpless, his wife; Harold J. Smith and Layde Smith, his wife; First Federal Savings & Loan Association, Hot Springs, Arkansas; Mr. and Mrs. Thurman O. Watson; Mr. and Mrs. Charles Bradshaw; Mr. and Mrs. Bobby Morgan; Mr. and Mrs. Raymond Hixon; Mr. and Mrs. Edwin Hoffman; Mr. and Mrs. John A. Eubanks; Mr. and Mrs. George Wormley; Mr. and Mrs. Thomas J. Power; Donald G. Heins; Charles Lowery; Mr. and Mrs. Robert L. Rick; Mr. and Mrs. Harry W. Fogle; Ralph G. and Mildred Grossman; and Ben T. Guzzo, a/k/a Dennis Mitchell; Mrs. Leo Brouwers; Thomas G. O'Malley; John E. Meier; and William J. Jones and Mary H. Jones, his wife, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 20, 1984.


Attorney(s) appearing for the Case

Don F. Hamilton, House, Jewell, Dillon, Dover & Dixon, P.A., Little Rock, Ark., for appellant.

Lisa A. Kelly, R.J. Brown, P.A., Little Rock, Ark., for appellees.

Before BRIGHT, Circuit Judge, HENLEY, Senior Circuit Judge, and BOWMAN, Circuit Judge.


HENLEY, Senior Circuit Judge.

Appellee Arkansas Communities, Inc. (ACI) bought some land in Garland County, Arkansas in 1969 and began developing the property as a residential resort. In 1978 a dispute developed between ACI and appellant Arkansas Power and Light Company (AP & L) over the boundary between their properties. AP & L's title is for land in Section 31 and ACI's title is for land in Section 30. Section 30 is directly north of Section 31. Lake Catherine...

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