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PIERCE v. THARP

457 S.W.2d 529 (1970)

Clifford D. PIERCE, Jr., Administrator Cum Testamento Annexo v. Ruth Liddell THARP et al.

Supreme Court of Tennessee.

August 17, 1970.

Attorney(s) appearing for the Case

Joseph W. Evans, Memphis, for Talmage E. Mugrage.

C. M. Murphy, Memphis, for Mrs. Frankie Tharp McKown.

Ray A. Bratcher and Clifford D. Pierce, Jr., Memphis, for complainant below.

John M. Heiskell and James S. Gilliland, Memphis, for Ruth Liddell Tharp.

Phil M. Canale, Jr., Dist. Atty. Gen., and Eugene C. Gaerig, Asst. Dist. Atty. Gen., for State.

OPINION ON PETITION TO REHEAR

W. J. SMITH, Special Justice.

Honorable C. M. Murphy, who is joined by Judge Joseph W. Evans, filed their petition for a rehearing in which they contend that there was a concurrent finding of fact by the Chancellor and Court of Appeals which was binding on this Court. To support their contention petitioners quote only parts of what was said by the two lower courts and cite a number of the same cases referred to in briefs on...

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