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CITY OF CHATTANOOGA v. SWIFT

442 S.W.2d 257 (1969)

CITY OF CHATTANOOGA v. Curtis SWIFT, John Curtis, Mrs. Edward Cook, Mize Lawrence, and James W. Penley, Constituting the Hamilton County Election Commission.

Supreme Court of Tennessee.

June 13, 1969.

Attorney(s) appearing for the Case

O'Rear, Lanham, Thomasson, Wassick & Hyde, and Samuel H. Payne, Chattanooga, for appellants.

Eugene N. Collins, Randall L. Nelson, and E.K. Meacham, Chattanooga, for appellee.

OPINION

HUMPHREYS, Justice.

On the City of Chattanooga's bill for injunction, the Hamilton County Election Commission was enjoined from holding an election under T.C.A. § 6-101 et seq. to incorporate a territory to be known as "Ooltewah Township". On January 2, 1969, prior to defense by the election commissioners, Windell C. Kelley and Asa C. Ball filed a petition alleging they were interested financially and otherwise in incorporating Ooltewah, that...

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