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JO ANN FORMAN v. NAT. COUNCIL ON COMP. INS.

13 S.W.3d 365 (1999)

JO ANN FORMAN, INC., et al., Plaintiffs/Appellees, v. NATIONAL COUNCIL ON COMPENSATION INSURANCE, INC., et al., Defendants/Appellants.

Court of Appeals of Tennessee, Middle Section.

Permission to Appeal Denied March 6, 2000.

Attorney(s) appearing for the Case

John W. Murrey, III, Hugh J. Moore, Jr., Douglas E. Peck, Jerry H. Summers, Jimmy F. Rodgers, Jr., Chattanooga, for Plaintiffs/Appellees.

Shelby R. Grubbs, Pamela Blass Bracher, T. Maxfield Bahner, Gary D. Lander, Chattanooga, for Defendants/Appellants.

John Knox Walkup, Dennis J. Garvey, Michael Bassham, George S. Bell, III, Nashville, for State of Tennessee.

E. Clifton Knowles, Nashville, for American Insurance Association, Alliance of American Insurers and National Association of Independent Insurers.

Permission to Appeal Denied by Supreme Court March 6, 2000.

OPINION

CAIN, Judge.

The sole question presented by this appeal is whether or not workers' compensation insurance, which is an intangible contract right or service, is an "article" or "product" subject to the Tennessee antitrust statutes (Tennessee Code Annotated sections 47-25-101 and 47-25-103-109). If this "intangible" is within the purview of the act, then the trial court was...

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