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NATIONAL ENTERPRISES, INC. v. KESSLER

No. 04-646.

213 S.W.3d 597 (2005)

NATIONAL ENTERPRISES, INC. and Arkansas No. 1 LLC, Appellants, v. Donald D. KESSLER and Mary L. Kessler, et al. on their own behalf and on behalf of others similarly situated, Appellees.

Supreme Court of Arkansas.

September 15, 2005.

Attorney(s) appearing for the Case

Farrar, Reis, Rowe, Nicolosi, Williams & Strause, by: Bryan J. Reis, and Williams & Anderson, PLC, by: Peter G. Kumpe and Stephen B. Niswanger, Little Rock, for appellants.

Bequette & Billinglsley, P.A., by: Jay Bequette, Little Rock and Wood, Smith Schnipper & Clay, by: Don M. Schnipper, Hot Springs National Park, for appellees.

ROBERT L. BROWN, Justice.

Appellants National Enterprises, Inc. and Arkansas No. 1 LLC (hereinafter National Enterprises) petition for rehearing from this court's decision handed down on July 1, 2005. Three points are raised in support of the petition: (1) the court erred in leaving intact the circuit court's order to deposit more than $1.9 million into the registry of the circuit court; (2) this court erred in creating lender liability under Ark.Code Ann. §...

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