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NATIONAL BANK OF COMMERCE v. DOW CHEMICAL

No. 98-1148.

1 S.W.3d 443 (1999)

338 Ark. 752

NATIONAL BANK OF COMMERCE (of El Dorado, Arkansas), Guardian of the Estate (Only) of Ashley Marie Smits, a Minor, and William J. Smits Jr., Individually, and as Parent and Next Friend of Ashley Marie Smits, a Minor v. THE DOW CHEMICAL CO., Rofan Services, Inc., And Epco, Inc., of Indiana d/b/a Dowelanco, Steam Services, Inc., Adams Pest Control of North Little Rock, Inc., John Doe # 1, John Doe # 2, Metro Builders & Restoration Specialists, Inc., John Doe # 3, and John Doe # 4.

Supreme Court of Arkansas.

October 14, 1999.

Attorney(s) appearing for the Case

Davidson & Associates, P.A., by: Bobby D. Davidson; Bernard Whetstone, Little Rock; and Compton, Prewett, Thomas & Hickey, P.A., by: Robert C. Compton, El Dorado, for appellants.

Wright, Lindsey & Jennings, by: Stephen R. Lancaster, Little Rock; Barnes & Thornburg, by: Joseph G. Eaton and William E. Padgett, Indianapolis, Indiana, for appellees The Dow Chemical Co., Rofan Services, Inc. and Epco, Inc. of Indiana.

Barber, McCaskill, Jones & Hale, P.A., by: Michael J. Emerson, Little Rock, for appellee Steam Services, Inc.

Laser, Wilson, Bufford & Watts, P.A., by: Richard N. Watts and Brian A. Brown, Little Rock, for appellee Adams Pest Control.

Hankins, Hicks, Madden & Blagg, by: Stuart W. Hankins and A. Vaughn Hankins, North Little Rock, for appellee Metro Builders & Restoration Specialists, Inc.

DONALD L. CORBIN, Justice.

Appellants National Bank of Commerce, as guardian of the estate of Ashley Marie Smits, and William J. Smits Jr., individually and as Ashley's parent and next friend, initiated this products-liability action on September 16, 1994, in the Pulaski County Circuit Court against Dow Chemical Company, a Delaware corporation; Rofan Services, Inc., a Delaware corporation and wholly owned subsidiary of Dow; Epco, Inc. of Indiana d/b/a DowElanco, an...

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