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HABERMAN v. LISLE

No. 93-1363.

123 S.W.3d 873 (1994)

Richard E. HABERMAN, Appellant, v. John LISLE and Lisle Law Firm, P.C., and City of Fayetteville, Arkansas, Appellees.

Supreme Court of Arkansas.

October 3, 1994.

BROWN, Justice, dissenting.

This decision to dismiss the appeal of Richard Haberman is premised on a point not argued by the parties. Moreover, the case of Croyden Associates v. Alleco, 969 F.2d 675 (8th Cir.1992), appears to be factually distinguishable. I would deny the motion and consider the appeal on the merits.

First, neither Richard Haberman nor John Lisle argued failure to intervene with respect to the motion...

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