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SIMMONS v. O'CHARLEY'S, INC.

914 S.W.2d 895 (1995)

James G. SIMMONS, Edward L. Weaver, Sr., Edward L. Weaver, Jr., Dr. Robert L. Tucker, Jr., Dr. James L. Thomas, and Jack Hall, d/b/a Cabana Theatres and Cabana Theatre of Jackson, Inc., Plaintiffs-Appellants, v. O'CHARLEY'S, INC., Defendant-Appellee.

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

Application for Permission to Appeal Denied December 11, 1995.

Attorney(s) appearing for the Case

Lloyd R. Tatum, Tatum & Tatum, Henderson, for Appellants.

Laurence M. Papel and J. Steven Krikham, Manier, Herod, Hollabaugh & Smith, Nashville, for Appellee.

Application for Permission to Appeal Denied by Supreme Court December 11, 1995.

CRAWFORD, Judge.

This case is before the Court for the second time. On May 10, 1991, plaintiffs-appellants filed a complaint for declaratory judgment to determine their rights under a lease agreement and related contracts and for affirmative relief. One of the defendants, O'Charley's, Inc., the purchaser of the real estate covered by the lease agreement, filed a counterclaim in...

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