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CORN INS. AGENCY v. FIRST FEDERAL BANK

No. CA 03-1399.

194 S.W.3d 230 (2004)

88 Ark. App. 8

CORN INSURANCE AGENCY, INC., et al., Appellants v. FIRST FEDERAL BANK OF ARKANSAS, F.A., Appellee.

Court of Appeals of Arkansas, Division I.

September 29, 2004.

Attorney(s) appearing for the Case

John P. Corn, Little Rock, for appellants.

Marian M. McMullan, and Kelly Halstead, Little Rock, for appellee.

KAREN R. BAKER, Judge.

This appeal involves the priority of mortgage liens held by appellee First Federal Bank of Arkansas, F.A., and Bank of Yellville's assignee, appellant Corn Insurance Agency, Inc., on 1.95 acres in Pulaski County owned by appellants Joe Swaffar and Sandra Swaffar. We hold that the Pulaski County Circuit Court erred in deciding this case by summary judgment and reverse and remand for trial.

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