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JOHNSON v. HUX

No. CA 88-342.

781 S.W.2d 751 (1989)

28 Ark.App. 187

Eddie JOHNSON, Appellant, v. Austin HUX d/b/a Fireball Electronic, Appellee.

Court of Appeals of Arkansas, En Banc.

December 13, 1989.

PER CURIAM.

Petition for Rehearing Denied.

COOPER, Judge, concurring.

I agree with the denial of the appellant's petition for rehearing but I write separately because, under the circumstances of this case, I have concluded the appellant's due process argument should have been addressed rather than dismissed on the ground that he failed to preserve it. Johnson v. Hux, 28 Ark.App. 187, 191,

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