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SIMPSON v. SUMNER COUNTY

669 S.W.2d 657 (1983)

David SIMPSON and Wife, Vicki Simpson, Plaintiffs-Appellants, v. SUMNER COUNTY, Tennessee, and Sumner County Board of Education, Defendants-Appellees.

Court of Appeals of Tennessee, Middle Section.

Permission to Appeal Denied March 26, 1984.

Attorney(s) appearing for the Case

Kurt O.E. Tschaepe, Gallatin, for plaintiffs-appellants.

Charles W. Bone, and Burney T. Durham, Bone & Amonette, Gallatin, for defendants-appellees.

Permission to Appeal Denied by Supreme Court March 26, 1984.

OPINION

CONNER, Judge.

The question here is whether Tennessee's Governmental Tort Liability Act (the Act), T.C.A. § 29-20-201, et seq., applies to breach of warranty actions arising out of contract against governmental entities. We hold that it does not. In general, this is because such breach of warranty actions are ex contractu while the subject legislation, as its...

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