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STATE AUTO PROP. & CASUALTY INS. CO. v. ARKANSAS DEPT. ENVIRON. QTY.

No. 06-1480.

258 S.W.3d 736 (2007)

STATE AUTO PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. THE ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY; Shirley A. Burch, as Trustee of the Charles E. and Shirley A. Burch Living Trust; Glenda O'Regan; Harbor General Store, Inc.; and Joplin Development, L.L.C., Appellees.

Supreme Court of Arkansas.

June 14, 2007.

Attorney(s) appearing for the Case

Kilpatrick, Williams, Smith & Meeks, LP, by Gene Williams, Little Rock, AR, for appellant.

Chisenhall, Nestrud & Julian, P.A., by Charles R. Nestrud and Jason W. Early, Little Rock, AR, for appellee Shirley A. Burch, as Trustee of the Charles E. and Shirley A. Burch Living Trust.

ROBERT L. BROWN, Justice.

Appellant State Auto Property and Casualty Insurance Company ("State Auto") appeals from an order of the Pulaski County Circuit Court and raises two points: (1) the summary judgment granted to Shirley A. Burch, as Trustee of the Charles E. and Shirley A. Burch Living Trust (the "Burch Trust"), should be reversed because the cases relied upon by the circuit court were wrongly decided, and (2) even if those cases were correctly decided, the...

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