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STATE EX REL. FLOWERS v. TENNESSEE TRUCKING ASSN.

209 S.W.3d 595 (2006)

STATE ex. rel. Paula A. FLOWERS v. TENNESSEE TRUCKING ASSOCIATION SELF INSURANCE GROUP TRUST, et. al.

Court of Appeals of Tennessee, Middle Section, at Nashville.

April 18, 2006.

Rehearing Denied May 8, 2006.

Permission to Appeal Denied October 30, 2006.

Petition to Rehear Denied December 11, 2006.

Attorney(s) appearing for the Case

Roland M. Lowell, Nashville, Tennessee, for the appellants, Christenberry Trucking, Inc., DCI Transportation, LLC, Empire Express, Inc., Fineline Carriers, Inc., Ocoee River Transport, Inc., Specialized Transportation Services, Inc., and Western Express, Inc.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Sarah Ann Hiestand, Senior Counsel, Office of the Attorney General; Hugh O. Brock, Tennessee Department of Commerce and Insurance; and Renard A. Hirsch, for the appellee, State of Tennessee.

Permission to Appeal Denied by Supreme Court October 30, 2006.

OPINION

FRANK G. CLEMENT, JR., J., delivered the opinion of the court, in which WILLIAM C. KOCH, JR., P.J., M.S., and PATRICIA J. COTTRELL, J., joined.

Seven members of the Tennessee Trucking Association Self-Insurance Group Trust appeal the post-liquidation assessment against members of the self-insured group to fund a $2.8 million deficit. The self-insured group trust was declared insolvent...

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