McDANIEL v. McCALL


655 S.W.2d 155 (1983)

Irvin McDANIEL, Plaintiff-Appellee, v. Sam McCALL, individually and d/b/a McCall Enterprises, Inc., Defendants-Appellants.

Court of Appeals of Tennessee, Eastern Section.

Rehearing Denied May 16, 1983.

Permission to Appeal Denied August 1, 1983.


Attorney(s) appearing for the Case

Jerome Templeton, Knoxville, for defendants-appellants.

David H. Dunaway and Gabriela P. Cacuci of Foglesong, Cruze, Dunaway & Shope, LaFollette, for plaintiff-appellee.


Permission to Appeal Denied by Supreme Court August 1, 1983.

OPINION

FRANKS, Judge.

The principal issue on appeal is whether plaintiff may properly utilize the courts to recover for mining work performed without first obtaining a permit in accordance with T.C.A., § 59-8-205.1

In the summer of 1979, the plaintiff at the direction of Robert Anderson, a mining operator, performed excavation work on lands which...

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