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  5. 786 S.W.2d 240 (1989)
 

NATIONAL COUNCIL ON COMP. INS. v. GADDIS

786 S.W.2d 240 (1989)

NATIONAL COUNCIL ON COMPENSATION INSURANCE, Plaintiff-Appellee, v. Horace E. GADDIS, Jr., Commissioner-Designate, Tennessee Department of Commerce and Insurance, Defendant, and Shoney's, Inc., Defendant-Appellant.

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

Permission to Appeal Denied March 5, 1990.

Attorney(s) appearing for the Case

Lawrence C. Maxwell and Mary Thomson LeMense, Trabue, Sturdivant & DeWitt, Nashville, for defendant-appellant, Shoney's, Inc.

Foster D. Arnett and Dan D. Rhea, Arnett, Draper & Hagood, Knoxville, for plaintiff-appellee, Nat. Council on Compensation Ins.

Permission to Appeal Denied by Supreme Court March 5, 1990.

OPINION

FRANKS, Judge.

Shoney's has appealed from a chancery court judgment which reversed the commissioner's determination that Shoney's was "eligible for inclusion into `assigned risk pool' on a guaranteed cost basis".

The Tennessee Department of Commerce and Insurance had reversed the National Council on Compensation Insurance ruling that Shoney's could not participate in NCCI...

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