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FIRST TENNESSEE BANK, N.A. v. DOUGHERTY

963 S.W.2d 507 (1997)

FIRST TENNESSEE BANK, N.A., formerly Valley Fidelity Bank and Trust Company, Plaintiff-Appellant, v. W.P. Boone DOUGHERTY, Defendant-Appellee.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied February 23, 1998.

Attorney(s) appearing for the Case

J. Michael Winchester, Gordon D. Foster, Lacy & Winchester, P.C., Knoxville, for plaintiff-appellant.

W.P. Boone Dougherty, pro se.

Permission to Appeal Denied by Supreme Court February 23, 1998.

OPINION

McMURRAY, Judge.

We are called upon on this appeal to construe Rule 3 and Rule 4, Tennessee Rules of Civil Procedure in pari materia. The trial court determined that service of process in this case was not timely returned in accordance with Rule 3 and that the statute of limitations was not thereby tolled. We affirm the judgment of the trial court.

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