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C. BEAN TRANSPORT, INC. v. KENNEDY

No. CV-13-522.

431 S.W.3d 388 (2014)

2014 Ark. App. 38

C. BEAN TRANSPORT, INC. CREDITORS TRUST, Appellant v. Claude B. KENNEDY, Jr.; Mickey Joe Durden; The Phoenix Insurance Company; and Cherokee Insurance Company, Appellees.

Court of Appeals of Arkansas.

January 15, 2014.

Attorney(s) appearing for the Case

Smith, Cohen & Horan, PLLC, Fort Smith, by: Don A. Smith ; and McDonald, McCann, Metcalf & Carwile, LLP, by: Gary M. McDonald and Chad J. Kutmas , for appellants.

Jones, Jackson & Moll, PLC, Fort Smith, by: Michael T. Newman ; Bassett Law Firm LLP, Fayetteville, by: Dale W. Brown ; and Wright, Lindsey & Jennings LLP, Little Rock, by: Kyle R. Wilson , for appellees.

PHILLIP T. WHITEAKER, Judge.

C. Bean Transport, Inc. Creditors Trust ("C. Bean Transport") appeals from a Sebastian County Circuit Court order dismissing its declaratory-judgment action against Claude B. Kennedy, Jr., Mickey J. Durden, and the Phoenix and Cherokee Insurance Companies. C. Bean Transport argues that the trial court erred by failing to strike Kennedy's answer and by finding that it lacked the subject-matter jurisdiction to hear the matter. Because we...

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