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LEE v. CITY OF CLEVELAND

859 S.W.2d 347 (1993)

Tommy LEE, Plaintiff/Appellant, v. CITY OF CLEVELAND, Defendant/Appellee.

Court of Appeals of Tennessee, Western Section at Knoxville.

Application for Permission to Appeal Denied July 6, 1993.

Attorney(s) appearing for the Case

O. Michael Carter, David M. Sibley, Lusk, Carter & McGhehey, Chattanooga, for plaintiff/appellant.

John F. Kimball, Barrett T. Painter, Bell and Associates, Cleveland, for defendant/appellee.

Application for Permission to Appeal Denied by Supreme Court July 6, 1993.

FARMER, Judge.

Plaintiff sued the City of Cleveland alleging that the blockage in the sewer system caused sewage to back-up and flow onto his business. The trial court granted the City's motion to dismiss for failure to state a cause of action under Rule 12.02(6) T.R.C.P. The issue presented is "[w]hether the trial court erred in concluding...

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