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RICHARD v. UNION PACIFIC R. CO.

No. 11-650.

388 S.W.3d 422 (2012)

2012 Ark. 129

Donnell RICHARD, Appellant v. UNION PACIFIC RAILROAD COMPANY, Appellee.

Supreme Court of Arkansas.

Rehearing Denied May 3, 2012.

Attorney(s) appearing for the Case

Gene E. McKissic , Pine Bluff and Raymon Todd Elias , Houston, TX, for appellant.

Robert Stephen Shafer , James Carl Baker Jr. and Jamie Huffman Jones , Little Rock, for appellee.

ROBERT L. BROWN, Justice.

Appellant Donnell Richard brings this appeal in which he challenges the order of the Jefferson County Circuit Court granting appellee Union Pacific Railroad Company's (Union Pacific) motion to dismiss Richard's complaint with prejudice based on Arkansas Rule of Civil Procedure 41. Richard contends that the circuit court erred in its interpretation and application of Rule 41 to the facts of this case. We agree, and we reverse the circuit court...

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