1st Union Natl. Bank v. Paul Benham
Court of Appeals for the Eighth Circuit
1Opinion of the Court
SMITH, Circuit Judge.
First Union National Bank, as Trustee of the Southeast Timber Leasing Statutory Trust, (“SE Timber”) commenced this legal malpractice lawsuit against Paul Ben-ham (“Benham”), a merger and acquisitions attorney, and his law firm, Friday, Eldredge & Clark, LLP, for failure to timely file a lawsuit pursuant to Ark.Code Ann. § 4-27-1330 to determine the fair value of stock acquired by SE Timber during a merger with First Land and Timber Corporation (“First Land and Timber”). The district court excluded the proffered testimony of SE Timber’s legal expert, ruling that the…
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