DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
062934P.pdf 11/06/2007 Scenic Holding v. New Bd. of Trustees
U.S. Court of Appeals Case No: 06-2934
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Riley, Author, with Loken, Chief Judge, and Bye,
Circuit Judge]
Civil case. District court did not err in denying plaintiff's recusal
motion as the record failed to show the judge was biased in favor of
defendants because of his religion; district court did not err in looking to
state law to determine whether a party had to be joined or in dismissing
eight new causes action plaintiff sought to add in its third amended
complaint; under Arkansas law, the burden of proving an agency
relationship lies with the party asserting its existence, and the court did
not err in placing on plaintiff the burden of proving the authority of the
board to bind the church; evidentiary rulings affirmed. Judge Bye,
concurring in part and dissenting in part.