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STEWART v. UNIVERSITY OF TENNESSEE

519 S.W.2d 591 (1974)

Robert Wayne STEWART, Appellant, v. The UNIVERSITY OF TENNESSEE, Appellee.

Supreme Court of Tennessee.

November 25, 1974.

Attorney(s) appearing for the Case

Sidney W. Gilreath, Knoxville, for appellant; Grant & Clements, Chattanooga, of counsel.

Arnett, Draper & Hagood and Foster D. Arnett, Knoxville, for appellee.

OPINION

HENRY, Justice.

This suit involves the right of a trial judge to grant plaintiff's motion for a voluntary dismissal during the pendency of a motion for a summary judgment.

Plaintiff brought a tort action on July 12, 1971 in the Circuit Court of Knox County. A motion for summary judgment was filed. On the date it was set for hearing plaintiff's counsel "moved the court for leave to enter a non-suit as to each defendant, without prejudice....

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