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ENERGY SAV. PRODUCTS, INC. v. CARNEY

737 S.W.2d 783 (1987)

ENERGY SAVING PRODUCTS, INC., Plaintiff-Appellant, v. James A. CARNEY f/d/b/a Air-Stop, Inc., Defendant-Appellee.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Permission to Appeal Denied September 28, 1987.

Attorney(s) appearing for the Case

C. Michael Robbins, of Ingram & Lowe, Goodlettsville, for plaintiff-appellant.

Walter S. Clark, Jr., of Clark & Clark, Nashville, for defendant-appellee.

Permission to Appeal Denied by Supreme Court September 28, 1987.

OPINION

FRANKS, Judge.

This interlocutory appeal presents the issue of whether T.C.A., § 28-1-1051 preserves unto the plaintiff a right to maintain a claim for fraud which was not included in the original action but not time-barred at the time of its voluntary dismissal, and more than three years had elapsed...

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