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COCKE COUNTY BD. v. NEWPORT UTILITIES BD.

690 S.W.2d 231 (1985)

COCKE COUNTY BOARD OF HIGHWAY COMMISSIONERS, Plaintiff-Appellee, v. NEWPORT UTILITIES BOARD, et al., Defendants-Appellees, and Pierce Ditching Company, Defendant-Appellant.

Supreme Court of Tennessee, at Knoxville.

May 6, 1985.

Attorney(s) appearing for the Case

William O. Shults, Campbell, Hooper & Shults, Newport, for defendant-appellant.

William M. Leibrock, Fred L. Myers, Jr., Edward F. Hurd, Newport, for plaintiff-appellee.

James C. McSween, Jr., Newport, for defendants-appellees.

BROCK, Justice.

The Cocke County Board of Highway Commissioners ("Board") brought this action to recover damages for injury to roads in their county. In 1977 Pierce Ditching Company ("Pierce") entered into a contract with the Newport Utilities Board ("Newport") to install sewage pipes. The instant litigation arose because Pierce had to "cut" the pavement of several Cocke County roads in order to install the pipes and the...

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