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WARREN v. SCOTT

845 S.W.2d 780 (1992)

James H. WARREN, on behalf of himself and all others similarly situated, Plaintiff/Appellant, v. Joe Hagey SCOTT, Circuit Court Clerk for Maury County, Tennessee, on behalf of himself and all others similarly situated, Defendant/Appellee.

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

Application for Permission to Appeal Denied December 21, 1992.

Attorney(s) appearing for the Case

John S. Colley, III, Colley & Colley, Columbia, for plaintiff/appellant.

Thomas W. Hardin, Hardin, Ewing, Parkes & Taylor, Columbia, for defendant/appellee.

Charles W. Burson, Atty. Gen. & Reporter, Gina J. Barham, Deputy Atty. Gen., Nashville, for intervening defendant/appellee.

Application for Permission to Appeal Denied by Supreme Court December 21, 1992.

OPINION

CANTRELL, Judge.

The plaintiff, whose funds had been held by the Circuit Court Clerk of Maury County for a short time, sued the clerk for the interest earned and sought to represent a plaintiff's class against a defendant's class comprised of all court clerks in the state. The chancellor refused to certify the class action and held the plaintiff's claim was barred...

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