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FULENWIDER v. FIREFIGHTERS ASS'N LOCAL 1784

649 S.W.2d 268 (1982)

Howard FULENWIDER, Plaintiff-Appellee, v. FIREFIGHTERS ASSOCIATION LOCAL UNION 1784, et al, Defendants-Appellants.

Supreme Court of Tennessee.

On Petition for Rehearing November 12, 1982.

Attorney(s) appearing for the Case

Thomas R. Prewitt, Fred M. Ridolphi, Jr., Jon P. McCalla, Michael P. Waters, William A. Cohn, Memphis, for plaintiff-appellee; Armstrong, Allen, Braden, Goodman, McBride & Prewitt, Memphis, of counsel.

Allen S. Blair, James R. Newsom, III, Memphis, Edward J. Hickey, Jr., Michael S. Wolly, Richard J. Hirn, Washington, D.C., for defendants-appellants; Hanover, Walsh, Jalenak & Blair, Memphis, Mulholland & Hickey, Washington, D.C., of counsel.

OPINION

HARBISON, Chief Justice.

The question presented in this case is whether a private action for damages may be maintained by a property owner incidentally affected by an illegal work stoppage by members of a public employee union. Other remedies, both civil and criminal, may be appropriate under certain circumstances, but the question presented here is whether or not a private damage suit will lie under the common law, there being no applicable state...

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