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CROOKED CREEK, III v. CITY OF GREENWOOD

No. 02-1136.

101 S.W.3d 829 (2003)

CROOKED CREEK, III, INC., and J.L. Clements Construction, Inc. v. CITY OF GREENWOOD, EHP Corporation, and Joe Siegmund.

Supreme Court of Arkansas.

April 3, 2003.

Attorney(s) appearing for the Case

Pryor, Robertson & Barry, PLLC, by: Kenneth W. Cowan, Fort Smith, for appellant.

Walters, Hamby & Verkamp, by: Michael Hamby, Greenwood, for appellee/cross-appellant City of Greenwood.

Warner, Smith & Harris, PLC, by: Joel D. Johnson, Fort Smith, for cross-appellee EHP Corporation.

JIM HANNAH, Justice.

Crooked Creek, III, Inc. ("Crooked Creek"), appeals an order of summary judgment entered in favor of EHP Corp. ("EHP"), and a judgment entered in favor of the City of Greenwood ("the City") and Joe Siegmund. Crooked Creek argues that the trial court erred in finding that under the doctrine of res judicata, an order of dismissal without prejudice on a motion for nonsuit barred suit later on the...

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