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FERGUSON v. TOMERLIN

No. 82-409-II.

656 S.W.2d 378 (1983)

Stephen Arnold FERGUSON, Plaintiff-Appellee, v. Robert D. TOMERLIN, Defendant-Appellant.

Court of Appeals of Tennessee, Middle Section.

Permission to Appeal Denied August 29, 1983.

Attorney(s) appearing for the Case

David N. Shearon, Nashville, for defendant-appellant.

Seth Norman, Nashville, for plaintiff-appellee.

Permission to Appeal Denied by Supreme Court August 29, 1983.

OPINION

CONNER, Judge.

The determinative question here presented is whether the statutory presumption of agency embodied in T.C.A. § 55-10-311, infra, standing alone, is sufficient to withstand a motion for summary judgment after being effectively rebutted by then unrefuted facts adduced through discovery.

This litigation arose as a result of an automobile accident...

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