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STOREY v. BRADFORD FURNITURE CO., INC.

910 S.W.2d 857 (1995)

In re Lenore Berry Ross STOREY, Debtor, v. BRADFORD FURNITURE CO., INC., Plaintiff, v. Lenore Berry Ross STOREY and Robert H. Waldschmidt, Trustee, Defendants. Robert H. WALDSCHMIDT, Trustee, Counter-Plaintiff, v. BRADFORD FURNITURE CO., INC., Counter-Defendant.

Supreme Court of Tennessee, at Nashville.

December 4, 1995.

Attorney(s) appearing for the Case

Steven L. Lefkovitz, Nashville, for Debtor.

Robert H. Waldschmidt, Nashville, Trustee.

OPINION

WHITE, Justice.

I. QUESTION CERTIFIED

Pursuant to Rule 23 of the Tennessee Supreme Court Rules,1 we have accepted a question certified to us by the United States Bankruptcy Court for the Middle District of Tennessee. The bankruptcy court has asked:

Which of the following is the correct interpretation of Tenn. Code Ann. § 26-2-111(1)(E): (1) Once asserted in any judicial proceeding...

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