TBALink Opinion-Flash

July 24, 1996 -- Volume #2 -- Number #66

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.

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MCI TELECOMMUNICATIONS CORPORATION,              
v.
JOE HUDDLESTON, COMMR. OF REVENUE OF THE STATE OF TENNESSEE
and THE DEPT. OF REVENUE OF THE STATE OF TENNESSEE,             

Court:TCA

DOUGLAS A. RICHARDS
Washington, D.C.
Attorney for Plaintiff/Appellant

EVERETT B. GIBSON
DANTON ASHER BERUBE
EVERETT B. GIBSON LAW FIRM
Memphis, Tennessee
Attorneys for Plaintiff/Appellant

CHARLES W. BURSON
Attorney General and Reporter
JOE C. PEEL
Assistant Attorney General
Nashville, Tennessee
Attorneys for Defendants/Appellees
                          
First Paragraph:

MCI Telecommunications Corp. brought this suit challenging
certain sales and use taxes assessed against it by the
Commissioner of Revenue of the State of Tennessee.  The
trial court upheld the Commissioners assessment.  MCI
appealed and has raised the following issues for our
consideration: (1) whether the trial court employed an
improper standard of review and erroneously allocated the
burden of proof, and (2) whether the trial court erred in
interpreting and defining the term conduit, as that term
is used within the Tennessee sales and use tax statute.

Judge: ALAN E. HIGHERS, J.

URL:http://www.tba.org/tba_files/TCA/MCI.OPN.WP6
Opinion-Flash

WIN MYINT and wife, PATTI K. MYINT,             
v.
METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY,
TENNESSEE, MAYOR PHIL BREDESEN, AND METROPOLITAN CODES
DIRECTOR, TERRY COBB, AND ALLSTATE INSURANCE COMPANY,   

Court:TCA

JOSEPH H. JOHNSTON
2815 Belmont Boulevard
P. O. Box 120874
Nashville, Tennessee 37212
Attorney for Plaintiffs/Appellees/Cross-Appellants

JOHN D. SCHWALB
BREWER, KRAUSE, BROOKS & MILLS
Suite 2600 The Tower
611 Commerce Street
Nashville, Tennessee 37203
Attorney for Defendant/Appellant/Cross-Appellee                          

First Paragraph:

In this action on a fire insurance policy the insurance
company asserts that it no longer covered the risk because
the property had been condemned by the local government and
the owners had increased the hazard by allowing the property
to deteriorate.  The jury returned a verdict for the
homeowner, and the trial judge added prejudgment interest. 
On appeal the insurance company attacks the amount of the
verdict and the prejudgment interest.  The homeowners assert
that the trial judge erred in dismissing their claim under
the Consumer Protection Act.  We reverse the part of the
judgment attributable to prejudgment interest.  Otherwise,
we affirm.

Judge: BEN H. CANTRELL, JUDGE

URL:http://www.tba.org/tba_files/TCA/MYINTW.OPN.WP6
Opinion-Flash

CITY OF LEWISBURG, TENNESSEE, and IMPERIAL CASUALTY and
INDEMNITY COMPANY,
v.
NUTMEG INSURANCE COMPANY, a subsidiary of ITT HARTFORD
INSURANCE GROUP,

Court:TCA

C. ERIC STEVENS
GERALD G. PATTERSON
MARY ELLEN MORRIS
25th Floor, Nashville City Center
511 Union Street
Nashville, Tennessee 37219-1738
Attorneys for Plaintiffs/Appellants

FRED B. HUNT, JR.
202 First National Bank Building
P. O. Box 169
Shelbyville, Tennessee 37160
Attorney for Defendant/Appellee
                          
First Paragraph:

This case presents only one issue -- whether an exclusion
for law enforcement activities in a policy of municipal
insurance issued by the appellee relieves it from liability
for the actions of a policeman who misused the authority of
his office to harass his ex-wife.  The trial court held that
the exclusion applied to the activities in question.  We
affirm.

Judge: BEN H. CANTRELL, JUDGE

URL:http://www.tba.org/tba_files/TCA/NUTMEG.OPN.WP6
Opinion-Flash

ROBERT JEFFREY RINGELSTEIN,
v.
DENA RICHELLE BROADFOOT,

Court:TCA

ATTORNEYS: N/A                         

First Paragraph:
ORDER
The Chancery Court of Lawrence County dissolved a common law
marriage, divided the marital property, and awarded the
custody of two minor children to the father.  Because we
concur in the facts found by the trial court, and those
found by necessary implication and we find no reversible
error of law commited by the trial court, we are of the
opinion that the courts judgment should be affirmed. It is,
therefore, ordered that the judgment of the trial court be
affirmed in accordance with Court of Appeals Rule 10(a). 
Tax the costs on appeal to the appellant. 

Judge: HENRY F. TODD, PRESIDING JUDGE

URL:http://www.tba.org/tba_files/TCA/RINGLEST.ORD.WP6
Opinion-Flash

EVELYN JUNE THOMASON,
v.
THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON
COUNTY,

Court:TCA

ROBERT J. NOTESTINE, III
104 Woodmont Blvd.
Suite 115
Nashville, Tennessee 37205
ATTORNEY FOR PLAINTIFF/APPELLANT

The Department of Law of the
Metropolitan Government of
Nashville and Davidson County

JAMES L. MURPHY, III
Director of Law

WARREN A. JASPER
Metropolitan Attorney
204 Metropolitan Courthouse
Nashville, Tennessee 37201
FOR DEFENDANT/APPELLEE
                          
First Paragraph:

The plaintiff, Evelyn June Thomason, has appealed from a
summary judgment dismissing her suit against the defendant,
Metropolitan Government of Nashville and Davidson County,
Tennessee, for personal injuries sustained in a fall on the
premises of the Lentz Health Center,  a facility owned and
managed by the defendant.

Judge:HENRY F. TODD PRESIDING JUDGE

URL:http://www.tba.org/tba_files/TCA/THOMASNE.OPN.WP6
Opinion-Flash

NOEL WALLACE, v. KENERD PARIS WALLACE,

Court:TCA

RANDY HILLHOUSE
Freemon, Hillhouse & Huddleston
p. O. Box 787
Lawrenceburg, Tennessee  38464
ATTORNEY FOR PLAINTIFF/APPELLEE

DAVID COMER
212 West Gaines Street
Lawrenceburg, Tennessee  38464
ATTORNEY FOR DEFENDANT/APPELLANT
                        
First Paragraph:

This is an appeal by defendant, Kenerd Paris Wallace, from
the trial court's judgment denying his motion to set aside a
divorce decree on the ground that plaintiff, Noel Wallace,
did not properly serve defendant as required by Rule 4.04(1)
of the Tennessee Rules of Civil Procedure.

Judge: SAMUEL L. LEWIS, JUDGE

URL:http://www.tba.org/tba_files/TCA/WALLACEN.OPN.WP6

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