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MALKIEWICZ v. R.R. DONNELLEY & SONS CO.

794 S.W.2d 728 (1990)

John MALKIEWICZ, Chelli Malkiewicz, Tim Lemons and Micki Lemons, Petitioners, v. R.R. DONNELLEY & SONS COMPANY, Respondent.

Supreme Court of Tennessee, at Nashville.

August 13, 1990.

Attorney(s) appearing for the Case

F. Dulin Kelly, Hendersonville, for petitioners.

Stafford McNamee, R. Dale Grimes, Bass, Berry & Sims, Nashville, for respondent.

R. David Strickland, Lynn Bergweck, Hill, Boren, Drew & Martindale, Jackson, for amicus curiae Tennessee Trial Lawyers Ass'n.

OPINION

WILLIAM J. HARBISON, Special Justice.

This case is before the Court upon a certified question from the United States Court of Appeals for the Sixth Circuit. The Court accepted the case under the provisions of its Rule 23. It has received thorough briefs of counsel, heard oral argument and now responds to the issue certified, which is:

"Under Tennessee's Workers' Compensation scheme (Tenn. Code Ann. 50-6-101, et seq.) is the "guarantor...

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