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NESTE POLYESTER, INC. v. BURNETT

No. CA 04-1186.

214 S.W.3d 882 (2005)

NESTE POLYESTER, INC., Appellant v. Frank BURNETT, et al., Appellees.

Court of Appeals of Arkansas, Division III.

October 5, 2005.

Attorney(s) appearing for the Case

Wright, Lindsey & Jennings LLP, by: Troy A. Price, Little Rock, for appellant.

Garvin, Agee, Carlton & Mashburn, L.L.P., by: John Mashburn and Alan Agee, Oklahoma City, OK; and Jones & Harper, by: Robert L. Jones III, Fort Smith, for appellees.

OLLY NEAL, Judge.

This appeal is from a jury verdict awarding appellees Frank Burnett and Dennis Joslin Company 2000, Inc.,1 damages in the sum of $2,500,000 for breach of warranty on a defective product used to seal boats. Appellant Neste Polyester, Inc., raises four points concerning Viper's amendment of the complaint to conform to the proof, the trial court's striking of its affirmative defenses, the trial court's failure to submit...

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