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043656P.pdf   09/13/2005  1st Union Natl. Bank  v.  Paul Benham
   U.S. Court of Appeals Case No:  04-3656
   Eastern District of Arkansas   
[PUBLISHED] [Smith, Author, with Murphy and Bye, Circuit Judges] Civil case - legal malpractice. District court erred in refusing to admit plaintiff's expert's testimony on the issue of legal malpractice in Arkansas, as he was offering his opinion based on his own experience in the field and his review of the record of the case; district court erred in finding that Arkansas law requires expert testimony to prove the likelihood of a different outcome in stock evaluation suit; case remanded for a new trial. Judge Bye, concurring in part and dissenting in part.