Legal Opinion · Dissent

Barnett v. Natural Gas Pipeline Co.

Court of Appeals of Arkansas

Decided June 24, 1998No. CA 97-1464Published

1Dissent

D. Franklin Arey, III, Judge,

dissenting. I respectfully dissent from the majority’s affirmance of the Commission’s decision. Because we cannot determine the facts upon which the Commission relied in reaching its conclusion, we should reverse and remand this case for the Commission to make specific findings of fact.

The Commission affirmed and adopted the ALJ’s opinion. The opinion consists of an accurate recitation of the testimony, followed by numbered conclusions. These conclusions are followed by a section headed “Discussion.” The first two paragraphs of the Discussion section are…

2Cases cited5 opinions

  1. Clark v. Peabody Testing ServiceSupreme Court of Arkansas · 1979
  2. Wright v. American TransportationCourt of Appeals of Arkansas · 1986
  3. Hardin v. Southern Compress Co.Court of Appeals of Arkansas · 1991
  4. Lowe v. Car Care MarketingCourt of Appeals of Arkansas · 1996
  5. Shelton v. Freeland PulpwoodCourt of Appeals of Arkansas · 1996

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