CITY OF CHATTANOOGA v. HARRIS


442 S.W.2d 602 (1969)

The CITY OF CHATTANOOGA, Tennessee v. Fannie HARRIS et al.

Supreme Court of Tennessee.

June 9, 1969.


Attorney(s) appearing for the Case

Eugene N. Collins, Ellis K. Meacham and Randall L. Nelson, Chattanooga, for appellant.

Richard Dietzen, Chattanooga, for Fannie Harris.

John C. Curtis, Chattanooga, for Theodore Wheeler.

George F. McCanless, Atty. Gen. and C. Hayes Cooney, Asst. Atty. Gen., Nashville, for Atty. Gen., State of Tennessee.

Alf R. "Tony" O'Rear, Chattanooga, and Arvin H. Reingold, Chattanooga, DiRisio & Reingold, Chattanooga, of counsel, amici curiae.


OPINION

BURNETT, Chief Justice.

This is a suit for a declaratory judgment filed by the City of Chattanooga seeking a ruling as to the constitutionality of Chapter 374, Public Acts of 1967; codified as § 6-640, T.C.A. The factual issues of the case are not in contention here and may be summarily stated.

Fannie Harris, a defendant in this case, brought an action against Theodore Wheeler, a Chattanooga policeman, for damages resulting from the...

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