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STATE DEPT. OF HUMAN SERVICES v. OGLE

617 S.W.2d 652 (1980)

STATE of Tennessee DEPARTMENT OF HUMAN SERVICES and James Phillips and wife Barbara Phillips, Plaintiffs, v. Ruth Mae Thompson OGLE, Defendant.

Court of Appeals of Tennessee, Eastern Section.

Application for Permission to Appeal Denied February 23, 1981.

Attorney(s) appearing for the Case

William B. Hubbard, Deputy Atty. Gen., Nashville, for State of Tenn.

Gary R. Wade, guardian ad litem, Sevierville, for Ruth Mae Thompson Ogle.

David B. Maxwell, guardian ad litem, Sevierville, for Terri Adrenna Ogle.

Application for Permission to Appeal Denied by Supreme Court February 23, 1981.

OPINION

GODDARD, Judge.

This cause was previously before this Court, at which time, in an opinion filed July 23, 1980, we dismissed Ruth Mae Thompson Ogle's appeal challenging the constitutionality of T.C.A. 36-108, for the reason that the constitutional issue could not be raised for the first time on appeal. The Tennessee Supreme Court, by an order filed November 3,...

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