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DUNGAN v. DUNGAN

579 S.W.2d 183 (1979)

Nellie Frances DUNGAN, Appellant, v. Robert Daniel DUNGAN, Appellee. Evelyn Tolbert OVERALL, Appellant, v. Willie Floyd OVERALL, Appellee.

Supreme Court of Tennessee.

April 2, 1979.

Attorney(s) appearing for the Case

Thad M. Guyer, Memphis Area Legal Services Inc., Covington, for appellant.

William M. Leech, Jr., Atty. Gen., Jim G. Creecy, Asst. Atty. Gen., Nashville, intervenor for State.

OPINION

FONES, Justice.

These two cases were consolidated on appeal to dispose of a common issue. In the wake of Boddie v. Connecticut, 401 U.S. 371, 91 S.Ct. 780, 28 L.Ed.2d 113 (1971), the judiciary has two choices in providing access to the courts for indigent plaintiffs in divorce cases, where the defendant's residence is unknown and cannot be ascertained upon diligent inquiry. The question is whether the courts...

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