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DUPWE v. WALLACE

No. 03-594.

140 S.W.3d 464 (2004)

355 Ark. 521

Warren E. DUPWE v. Frank G. WALLACE, and First State Bank, et al.

Supreme Court of Arkansas.

January 8, 2004.

Attorney(s) appearing for the Case

Bond & Chamberlin, Jacksonville, by: Will Bond and Neil Chamberlin; and Rees Law Firm, by: Thomas A. Young, West Memphis, for appellants.

Wright, Lindsey & Jennings LLP, by: Gordon S. Rather, Jr. and James R. Van Dover, Little Rock, for appellees first State Bank, Parkin Bancorp, Inc., William N. Griffin, and certain others.

Rieves, Rubens & Mayton, by: Elton A. Rieves IV, West Memphis, for appellee/cross-appellant Frank G. Wallace.

JIM HANNAH, Justice.

Bankruptcy Trustee Warren E. Dupwe appeals a summary judgment finding that he is judicially estopped from pursuing the tort claims of Chapter 7 bankruptcy petitioners Barry L. and Deborah L. Nix. The trial court found that when the Nixes failed to list claims against First State Bank, and its employees ("First State") in their bankruptcy petition, any future suit on the claim was precluded by judicial estoppel. Dupwe's tort action in Crittenden...

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