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GREEN v. PRINCE

385 S.W.2d 127 (1964)

Bill GREEN, Plaintiff in Error, v. Horace PRINCE, Defendant in Error.

Court of Appeals of Tennessee, Eastern Section.

Rehearing Denied July 10, 1964.

Certiorari Denied December 11, 1964.

Attorney(s) appearing for the Case

Cunningham, Crutchfield & Luther, Chattanooga, for plaintiff in error.

R.K. Ballew, Blue Ridge, and Frank N. Bratton, Athens, for defendant in error.

Certiorari Denied by Supreme Court December 11, 1964.

McAMIS, Presiding Judge.

This appeal of the defendant Green turns on whether the trial court was right in holding plaintiff not guilty of such negligence in selecting the forum of a prior action as deprives him of the right to invoke T.C.A. 28-106, providing:

"New action after adverse decision not foreclosing merits. — If the action is commenced...

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