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NATIONAL CORDOVA CORP. v. CITY OF MEMPHIS

380 S.W.2d 793 (1964)

NATIONAL CORDOVA CORPORATION, Plaintiff in Error, v. CITY OF MEMPHIS and the Commissioners of the Memphis Light, Gas and Water Division, Defendants in Error.

Supreme Court of Tennessee.

Rehearing Denied July 15, 1964.

Attorney(s) appearing for the Case

W. Wright Mitchell, Memphis, for plaintiff in error.

Leo Bearman, Sr., Leo Bearman, Jr., Charles Crabtree and William Sands, Memphis, for defendants in error.

WHITE, Justice.

Upon the filing of the summons and the service of process in due course, the plaintiff in error filed a declaration. The defendants filed a plea in abatement and the plaintiff filed a demurrer thereto. The plea in abatement was sustained and the suit dismissed. From this final dismissal an appeal in error has been prosecuted to this Court.

The facts as disclosed by the pleadings are that on October 29, 1957 a fire and explosion occurred at...

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