DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

142579P.pdf   08/04/2015  Mark Barner  v.  Thompson/Center Arms Co.
   U.S. Court of Appeals Case No:  14-2579
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[PUBLISHED] [Wollman, Author, with Gruender, Circuit Judge, and Gritzner, District Judge] Civil case - Civil Procedure. Where plaintiff sent the complaint and summons by certified mail to the wrong registered agent and the agent sent a return receipt showing service has been completed, the court believes the Arkansas Supreme Court would hold that plaintiff had completed service on the defendant and the action had thus been commenced for purposes of the Arkansas savings statute; since Arkansas courts would have dismissed the case without prejudice had the case not been removed, at a minimum the district court should have dismissed plaintiffs' claims against defendant T/C LLC without prejudice allowing them to refile their claims against the defendant within one year of dismissal; plaintiff properly completed service on T/C LLC after removal and thereby complied with 28 U.S.C. Sec. 1448; additional defendant T/C Inc had merged into T/C LLC and it lacked the legal capacity to be sued, and the district court did not err in dismissing with prejudice the claims against it.