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TOWN OF BRUCETON v. ARNOLD

818 S.W.2d 347 (1991)

TOWN OF BRUCETON, A Municipal Corporation created pursuant to a private act of the State of Tennessee, Plaintiff/Appellee, v. Gerald ARNOLD, d/b/a Blue Dip Swimming Pool, located in Bruceton, Tennessee, Defendant/Appellant.

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

Application for Permission to Appeal Denied September 9, 1991.

Attorney(s) appearing for the Case

Donald E. Parish, of Ivey, Parish & Johns, Huntingdon, for plaintiff/appellee.

Robert T. Keeton, Jr. and Robert T. Keeton III, Huntingdon, for defendant/appellant.

Application for Permission to Appeal Denied by Supreme Court September 9, 1991.

TOMLIN, Presiding Judge (Western Section).

The Town of Bruceton ("Bruceton") filed suit in the Chancery Court of Carroll County against Gerald Arnold, d/b/a Blue Dip Swimming Pool, ("Arnold"). Bruceton sought to permanently enjoin Arnold from using a private well dug on swimming pool property as a source of water for his pool. Following a bench trial, the chancellor found that...

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