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OFFICER v. EAST TENNESSEE NATURAL GAS CO.

239 S.W.2d 999 (1951)

OFFICER v. EAST TENNESSEE NATURAL GAS CO.

Supreme Court of Tennessee.

On Rehearing May 7, 1951.

Attorney(s) appearing for the Case

E.A. Langford, Cookeville, for plaintiff in error.

Tom Stewart, Nashville, J.A. Oakley and C.J. Cullom, Livingston, and Jared Maddux, Cookeville, for defendant in error.

NEIL, Chief Justice.

This is a condemnation case in which the landowner, C.F. Officer, failed to perfect his appeal from an award by the jury of view. The plaintiff appealed and the case was placed upon the jury docket for trial following the filing of the jury's report. The case thus stood on the docket from September 26, 1949, until July 24, 1950. When it was called for trial the Gas Company "moved the court to be permitted to dismiss its appeal and to have the...

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