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WALKER v. DURACELL U.S.A.

717 S.W.2d 579 (1986)

Nellie WALKER, Plaintiff-Appellant, v. DURACELL U.S.A., Defendant-Appellee.

Supreme Court of Tennessee, at Knoxville.

September 29, 1986.

Attorney(s) appearing for the Case

Conrad Finnell, Cleveland, for plaintiff-appellant.

Michael E. Callaway, Bell, Painter, McMurray, Callaway, Brown & Headrick, Cleveland, for defendant-appellee.

OPINION

BROCK, Chief Justice.

This is a worker's compensation case, but the principal issue presented is whether or not the employee's claim is barred by the compulsory counterclaim rule stated in Rule 13.01, Tennessee Rules of Civil Procedure, which provides as follows:

"A pleading shall state as a counterclaim any claim, other than a tort claim, which at the time of serving the pleading the pleader has against any opposing party, if it arises...

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