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BIG A WAREHOUSE DISTRIB. v. RYE AUTO SUPPLY, INC.

No. CA 85-524.

719 S.W.2d 716 (1986)

19 Ark.App. 286

BIG A WAREHOUSE DISTRIBUTORS, INC., Appellant, v. RYE AUTO SUPPLY, INC., John Joplin and Martin Gipson, Appellees.

Court of Appeals of Arkansas, Division I.

December 3, 1986.

Attorney(s) appearing for the Case

Felver A. Rowell, Jr., Morrilton, for appellant.

Harold W. Madden, N. Little Rock, W.J. Walker and Frank A. Poff, Jr., Little Rock, and Zachary D. Wilson, N. Little Rock, for appellees.

COOPER, Judge.

This is an appeal from the trial court's dismissal of the appellant's third-party complaint with prejudice. On the morning of trial, the complaint was dismissed on the motion of the third-party defendants, appellees John Joplin and Martin Gipson, for failure to state a cause of action. We affirm the court's decision, modifying the dismissal to be without prejudice.

On January 26, 1984, the appellant, Big A Warehouse Distributors, Inc., (Big...

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