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LINDSEY FAMILY TRUST v. CAUTHRON

No. CA 86-120.

725 S.W.2d 581 (1987)

20 Ark.App. 149

LINDSEY FAMILY TRUST James E. Lindsey, Trustee, and Giles A. Sexton, M.D., Appellants, v. Billy J. CAUTHRON, Sebastian County Sheriff, and his surety, Western Surety Company, a South Dakota Corporation, Appellees.

Court of Appeals of Arkansas, Division I.

March 11, 1987.

Attorney(s) appearing for the Case

Ball, Mourton & Adams by Phillip A. Moon, Fayetteville, for appellants.

David P. Saxon & Daniel Shue, Deputy Pros. Attys., Shaw, Ledbetter, Hornberger, Cogbill & Arnold by Charles Ledbetter, Fort Smith, for appellees.

CORBIN, Chief Judge.

This case comes to us from the Circuit Court of Sebastian County. Appellants, the Lindsey family trust, James E. Lindsey, Trustee, and Giles A. Sexton, M.D., appeal the trial court's grant of a motion for summary judgment. We reverse and remand.

This appeal raises the question of whether a motion for summary judgment was improperly granted on the basis of the Automatic Stay provision of the...

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