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STATE EX REL. KIRKPATRICK v. TIPTON

670 S.W.2d 224 (1984)

STATE of Tennessee, ex rel. Carl K. KIRKPATRICK, Plaintiffs-Appellants, v. Harold TIPTON and Tipton Construction Company, Inc., Defendants-Appellees.

Court of Appeals of Tennessee, Eastern Section.

Certiorari Denied April 23, 1984.

Attorney(s) appearing for the Case

William P. Sizer, Asst. Atty. Gen., Nashville, for plaintiffs-appellants; William M. Leech, Jr., Atty. Gen., Nashville, of counsel.

Shelton B. Hillman, Jr., Gore & Hillman, Bristol, for defendants-appellees.

D. Bruce Shine, Kingsport, for Blountville Utility Dist., as amicus curiae.

Certiorari Denied by Supreme Court April 23, 1984.

OPINION

FRANKS, Judge.

Plaintiffs appeal the refusal of the chancellor to award plaintiffs any part of the contract price in a contract between Blountville Utility District and Tipton Construction Company, Inc., as a penalty pursuant to T.C.A., § 12-4-102.1

On May 17, 1977, the Blountville Utility District, established pursuant to the Utility District Law...

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