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TRIBCO MANUFACTURING CO. v. PEOPLE'S BANK OF IMBODEN

No. CA 98-1515.

998 S.W.2d 756 (1999)

67 Ark.App. 268

TRIBCO MANUFACTURING COMPANY, Inc., v. PEOPLE'S BANK of IMBODEN and Dorothy Downing, Personal Representative of the Estate of Bob Downing.

Court of Appeals of Arkansas, Division II.

September 15, 1999.

Attorney(s) appearing for the Case

Arlon L. Woodruff, Lake City, for appellant.

Lyons, Emerson & Cone, P.L.C., by: Scott Emerson, Jonesboro, for appellee People's Bank of Imboden.

Charles R. Singleton, Little Rock, for appellee Dorothy Downing, Personal Representative of the Estate of Bob Downing.

JOSEPHINE LINKER HART, Judge.

On May 18, 1992, appellant filed a complaint against appellees alleging breach of contract and tortious conduct by appellees. After allowing appellees to amend their pleadings to allege the defense of lack of capacity, the trial court granted appellees' motions for summary judgment on August 5, 1998. For reversal, appellant asserts that the trial court erred by allowing appellees to assert that defense. In support of its contention, appellant...

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