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BROWN v. HIPSHIRE

553 S.W.2d 570 (1977)

Perry J. BROWN et al., Appellants, v. George H. HIPSHIRE et al., Appellees.

Supreme Court of Tennessee.

June 13, 1977.

Attorney(s) appearing for the Case

Jerry P. Black, Jr., Knoxville, for appellants.

Philip P. Durand, Ambrose, Wilson, Lockridge & Grimm, Joseph M. Tipton, Ritchie & Tipton, Knoxville, for appellees.

OPINION

FONES, Justice.

The issue presented by this interlocutory appeal is whether the filing of a tort action tolls the statute of limitations to enable a defendant to file a counterclaim where the limitation period expires between the filing of the original complaint and the filing of the counterclaim.

The alleged tort occurred on August 27, 1975. Plaintiffs, Hipshire and Johnson, sued defendant, Brown and others, on July 28, 1976. Brown was served...

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