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FIRST UNION NAT. BANK v. BENHAM

No. 04-3656.

423 F.3d 855 (2005)

FIRST UNION NATIONAL BANK, as Trustee of the Southeast Timber Leasing Statutory Trust, Plaintiff-Appellant, v. Paul BENHAM; Paul Benham, PA; Friday, Eldredge & Clark, LLP, Defendants-Appellees, Paul Benham; Paul Benham, PA; Friday, Eldredge & Clark, LLP, Third Party Plaintiffs, v. Carl J. Stoney; Jason Kuhns, Third Party Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: September 13, 2005.

Rehearing and Rehearing Denied October 24, 2005.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Harry E. McDermott of Fayetteville, Arkansas.

Counsel who presented argument on behalf of the appellee was John K. Baker of Little Rock, Arkansas. Also appearing on the brief was R.T. Beard, III.

Before MURPHY, BYE, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 24, 2005.*

SMITH, Circuit Judge.

First Union National Bank, as Trustee of the Southeast Timber Leasing Statutory Trust, ("SE Timber") commenced this legal malpractice lawsuit against Paul Benham ("Benham"), a merger and acquisitions attorney, and his law firm, Friday, Eldredge & Clark, LLP, for failure to timely file a lawsuit pursuant to Ark.Code Ann. § 4-27-1330 to determine...

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