SUMMONS v. MISSOURI PACIFIC R.R

No. 90-230.

813 S.W.2d 240 (1991)

306 Ark. 116

Charles and Wilma SUMMONS, Individually and as next friends of Kellen and Tanya Summons, Appellants, v. MISSOURI PACIFIC RAILROAD and Union Carbide Corporation.

Supreme Court of Arkansas.

June 24, 1991.


Attorney(s) appearing for the Case

Jay Youngdahl, Little Rock, for appellants.

Frederick S. Ursery, Gordon S. Rather, Little Rock, for appellees.


NEWBERN, Justice.

This is an interlocutory appeal of a circuit court's refusal to certify a class action. The appellants are Charles and Wilma Summons who brought the action on behalf of themselves and their children, Kellen and Tanya Summons. They seek to represent a class of several thousand persons who were evacuated from their homes or businesses as the result of a railroad accident in which a chemical tank car overturned...

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