Brown v. J B Hunt Transport Services Inc

Filing 108

ORDER re 104 USCA Opinion and vacating this Court's findings as to plaintiff's claims for benefits as set out in Count I and remanding the case to Prudential for an out-of-time appeal. Signed by Judge William R. Wilson, Jr on 12/17/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION BARBARA BROWN v. 4:08CV00089-WRW DEFENDANT PLAINTIFF J.B. HUNT TRANSPORT SERVICES, INC. ORDER The Eighth Circuit Court of Appeals reversed this Court's finding that Plaintiff had failed to exhaust her administrative remedies.1 The Eighth Circuit remanded the case to this Court, with instructions for this Court to remand to Prudential for an out-of-time appeal. Accordingly, this Court's findings as to Plaintiff's claims for benefits as set out in Count I are vacated, and the case is remanded to Prudential for an out-of-time appeal. IT IS SO ORDERED this 17th day of December, 2009. /s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE 1 Doc. No. 104.

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