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KIRBY FARMS HOMEOWNERS v. CITICORP

773 S.W.2d 249 (1989)

KIRBY FARMS HOMEOWNERS ASSOCIATION, A Tennessee Non-Profit Corporation; Neta B. Haley, James A. McCann, and wife, Deborah A. McCann, Patricia G. Tracey, Kenneth D. Benderman, John Seager, Dorris E. Weems, Kitty S. Stennett and Joe King, For Themselves Individually and as Representatives of a Class, Plaintiffs/Appellants, v. CITICORP, CITIBANK, N.A., Aspiration, Inc., and Kirby Farms Development Corporation, Defendants/Appellees.

Court of Appeals of Tennessee, Western Section, at Jackson.

Permission to Appeal Denied June 5, 1989.

Attorney(s) appearing for the Case

David F. Leake and Jeffrey D. Germany, Winchester Law Firm, Memphis, for plaintiffs/appellants.

Michael G. McLaren, Thomason, Hendrix, Harvey, Johnson, Mitchell, Blanchard & Adams, Memphis, for defendants/appellees.

Permission to Appeal Denied by Supreme Court June 5, 1989.

McLEMORE, Special Judge.

Plaintiffs filed this class action against defendants in the Circuit Court for Shelby County seeking compensatory and punitive damages for alleged defects in and resulting damage to their condominium project. The complaint sought recovery under tort and contract theories. However, the trial court found the gravamen of plaintiffs' complaint sought damages for injury to real...

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