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TENN. DEPT. OF MENTAL HEALTH, ETC. v. HUGHES

531 S.W.2d 299 (1975)

TENNESSEE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION et al., Appellants, v. Lowell Paul HUGHES, Appellee.

Supreme Court of Tennessee.

December 30, 1975.

Attorney(s) appearing for the Case

C. Hayes Cooney, Chief Deputy Atty. Gen., Nashville, for appellants; R.A. Ashley, Jr., Atty. Gen., Nashville, of counsel.

Angus Gillis, III, Haynes & Smith, Nashville, for appellee.

OPINION

HARBISON, Justice.

This case is before the Court upon interlocutory appeal by two state agencies or instrumentalities, seeking review of an order of the trial court which overruled their motion to dismiss.

The action was instituted as a common-law claim for damages. Appellee, plaintiff below, alleged that he was shot by one Johnnie Michael Duck, a named defendant below who is not involved in this appeal. The complaint alleged that Duck had...

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