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994249P.pdf   01/30/2001  Donald D. Kessler  v.  Natl. Enterprises
   U.S. Court of Appeals Case No:  99-4249
   Western District of Arkansas   
   Civil case - contracts. District court erred in interpreting 
   Arkansas Time-Share Act; when National succeeded to 
   initial developer's interests it also assumed the developer's 
   obligations, including any liability the initial developer may 
   have for misrepresentations to the time-share purchasers; 
   purchasers' claims were not time-barred by either the five-year 
   statute for breach of contact or the three-year statute of 
   limitations for constructive fraud; original developer did 
   misrepresent plaintiffs' right to continued access to resort 
   amenities and parking; plaintiffs were entitled to equitable 
   relief in the form of a partial recission; case remanded for 
   calculation of damages; dissent by Judge Loken on statute 
   of limitations.