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HINE v. COMMERCIAL CARRIERS, INC.

802 S.W.2d 218 (1990)

Wesley J. HINE, Plaintiff-Appellant, v. COMMERCIAL CARRIERS, INC., Defendant-Appellee.

Supreme Court of Tennessee, at Jackson.

December 31, 1990.

Attorney(s) appearing for the Case

Ellen E. Fite, Patricia N. Nozinich, Memphis, for plaintiff-appellant.

Henry T.V. Miller, Howard B. Hayden, Memphis, for defendant-appellee.

OPINION

DROWOTA, Justice.

This workers' compensation appeal poses an interesting procedural question dealing with the construction of Rule 3 and Rule 4.01 of the Tennessee Rules of Civil Procedure: whether a cause of action is barred when the complaint is filed within the time prescribed by the applicable statute of limitations, but the summons is not issued until after the statute of limitations has expired. The employee, Wesley Hine, Plaintiff-Appellant...

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