MEMPHIS PUB. CO. v. TENNESSEE PETROLEUM


975 S.W.2d 303 (1998)

MEMPHIS PUBLISHING COMPANY, Appellee, v. TENNESSEE PETROLEUM UNDERGROUND STORAGE TANK BOARD, and J.W. Luna as Commissioner of the Tennessee Department of Environment and Conservation, Appellants.

Supreme Court of Tennessee, at Nashville.

August 31, 1998.


Attorney(s) appearing for the Case

John Knox Walkup, Attorney General & Reporter, Michael E. Moore, Solicitor General, Barry Turner, Deputy Attorney General, Nashville, for Appellant.

S. Russell Headrick, Stephen P. Hale, Memphis, for Appellee.


OPINION

DROWOTA, Justice.

The issue in this appeal is whether the law of the case doctrine applies on remand to issues implicitly decided by an intermediate appellate court if this Court denied permission to appeal from that decision, but concurred in results only. For the reasons that follow, we hold that the law of the case doctrine applies to all issues decided either implicitly or explicitly by an intermediate appellate court. This Court's denial of...

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