Legal Opinion · Concurring in part, dissenting in part
Edgar Hutcheson and Lena Hutcheson v. Frito-Lay, Inc.
Court of Appeals for the Eighth Circuit
Decided April 17, 1963No. 17103Published
1Concurring in part, dissenting in partBlackmun, Circuit Judge
I concur with respect to Edgar Hutche-son but I dissent so far as his wife Lena is concerned.
Three fundamental propositions are important here:
a. Edgar’s and Lena’s causes of action in Arkansas are separate and distinct. Little Rock Gas & Fuel Co. v. Coppedge, 1915, 116 Ark. 334, 172 S.W. 885, 889; Missouri Pac. Transp. Co. v. Miller, 1957, 227 Ark. 351, 299 S.W.2d 41; Bailey v. Stewart, 1963, 236 Ark. 80, 364 S.W.2d 662. And the Miller case discloses that Arkansas’ highest court entertains a considerate attitude toward the independence of married women’s rights.
b. This case comes to us as an…
2Cases cited14 opinions
- Traylor v. Black, Sivalls & Bryson, Inc.Court of Appeals for the Eighth Circuit · 1951
- Mo. Pac. Trans. Co. v. MillerSupreme Court of Arkansas · 1957
- Eschenbach v. BenjaminSupreme Court of Minnesota · 1935
- Marvin Thomason v. Hospital T v. Rentals, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1959
- Marshall G. Doza and Mary E. Doza v. American National Insurance Company, an Insurance CorporationCourt of Appeals for the Eighth Circuit · 1963
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