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MEMPHIS PUBLISHING v. CHEROKEE CHILDREN

87 S.W.3d 67 (2002)

MEMPHIS PUBLISHING COMPANY, et al. v. CHEROKEE CHILDREN & FAMILY SERVICES, INC., et al. John Morgan v. Cherokee Children & Family Services, Inc.

Supreme Court of Tennessee, at Nashville.

Rehearing Denied October 24, 2002.

Attorney(s) appearing for the Case

Lucian T. Pera, Kathy Laughter Laizure, and Brian S. Faughnan, Memphis, Tennessee, for the appellants, Memphis Publishing Company and Mike Kerr.

Alan J. Wade, Thomas Lang Wiseman, and Lori Hackleman Patterson, Memphis, Tennessee, for the appellee, Cherokee Children & Family Services, Inc.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, Albert L. Partee, III, Senior Counsel, for the appellant, John Morgan (in Morgan).

Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, Albert L. Partee, III, Senior Counsel, and William W. Leech, Assistant Attorney General, for the appellee, Tennessee Department of Human Services (in Memphis Publishing Co.).

OPINION

ADOLPHO A. BIRCH, JR., J., delivered the opinion of the court, in which FRANK DROWOTA, III, C.J., E. RILEY ANDERSON, JANICE M. HOLDER, and WILLIAM M. BARKER, JJ., joined.

These two cases, consolidated for consideration, present two issues of enormous significance. First, we must decide whether a non-profit corporation that provides privatized services to a governmental entity is subject to the public...

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