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STATE EX REL. WITCHER v. BILBREY

878 S.W.2d 567 (1994)

STATE of Tennessee on the relation of Ken WITCHER, Plaintiff/Appellee, v. Thomas H. BILBREY, Billy Bransford, Jack Brockett, Charlie Cherry, Rickey Day, Jerry Gayle Lee, Talmadge Overton, Floyd Ray Sullivan, Randall G. Templeton, Thomas Tucker, Willard Shrum, Fred Clark, Melburn Cothron, Leo Bandy, Jr., Bobby Thomas, Donnie Swindle, Curtis J. Cookson, Anna Dean Carter, Hazel E. Goodman, Dorothy D. Harper, Consisting of the Board of County Commissioners of Macon County, Tennessee, and Doyle Gaines, County Executive of Macon County, Tennessee, Defendants/Appellants.

Court of Appeals of Tennessee, Middle Section.

Application for Permission to Appeal Denied June 13, 1994.

Attorney(s) appearing for the Case

E. Guy Holliman, Farrar & Holliman, Lafayette, for appellants.

Jacky O. Bellar, Carthage, for appellee.

Application for Permission to Appeal Denied by Supreme Court June 13, 1994.

OPINION

KOCH, Judge.

This appeal concerns Macon County's obligation to appropriate county funds to compensate a special judge appointed by the Governor to preside over the Macon County General Sessions Court during the incumbent judge's disability. The special judge filed a mandamus action in the Circuit Court for Macon County against the county board of commissioners...

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