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LARRY HOBBS FARM EQUIP. v. CNH AMERICA

No. 08-1056.

291 S.W.3d 190 (2009)

LARRY HOBBS FARM EQUIPMENT, INC. d/b/a Hobbs Farm Implement and Hobbs Farm Equipment, Appellant, v. CNH AMERICA, LLC d/b/A Case IH, successor in interest to DMI, Inc., Appellee.

Supreme Court of Arkansas.

January 22, 2009.

Attorney(s) appearing for the Case

Easley and Houseal, P.A., by B. Michael Easley, Forrest City, and Dady & Garner, P.A., by John D. Holland, Minneapolis, MN, for petitioner.

Foley and Lardner LLP, by Michael J. Lockerby, Washington, DC, and Brian W. McGrath, Milwaukee, WI, and Womack, Landis, Phelps & McNeill, P.A., by J.V. Phelps, Jonesboro, for respondent.

Friday, Eldredge & Clark, LLP, by Kevin A. Crass, Little Rock, and Peter B. Rutledge, Little Rock, for amici curiae Association of Equipment Manufacturers and National Association of Manufacturers.

JIM HANNAH, Chief Justice.

This case involves three questions of law certified to this court by the United States District Court for the Eastern District of Arkansas in accordance with Arkansas Supreme Court Rule 6-8 (2008) and accepted by this court on September 18, 2008. See Larry Hobbs Farm Equip., Inc. v. CNH Am., LLC, 374 Ark. 268, 287 S.W.3d 550 (2008) (per curiam). The questions certified are the following:

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