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DYNAMIC ENTERPRISES INC. v. TAYLOR

No. CA 91-505.

832 S.W.2d 278 (1992)

38 Ark.App. 184

DYNAMIC ENTERPRISES INC., d/b/a Car-Mart, Appellant, v. Ron TAYLOR, Commissioner of the Insurance Department for the State of Arkansas, Appellee.

Court of Appeals of Arkansas, Division I.

June 3, 1992.

Attorney(s) appearing for the Case

John R. Scott, Rogers, for appellant.

Cynthia Fearno, Little Rock, for appellee.

COOPER, Judge.

The appellant in this chancery case sought a declaratory judgment to determine whether a contract it proposed constituted "insurance" within the meaning of Ark.Code Ann. § 23-60-102 (1987). The appellee moved for dismissal, alleging that the appellant had failed to exhaust its administrative remedies and the chancellor granted the appellee's motion. From that decision, comes this appeal.

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