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WAGNER v. FLEMING

139 S.W.3d 295 (2004)

James L. WAGNER, M.D. v. Robert FLEMING, Jr., et al.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

January 6, 2004.

Permission to Appeal Denied June 21, 2004.

Attorney(s) appearing for the Case

Douglas M. Cox, Chattanooga, for the appellants, Robert Fleming, Jr. and Charles Schenck.

William G. Colvin and Everett L. Hixson, Jr., Chattanooga, for the appellee, James L. Wagner, M.D.

Permission to Appeal Denied by Supreme Court June 21, 2004.

OPINION

CHARLES D. SUSANO, JR., J., delivered the opinion of the court, in which HERSCHEL P. FRANKS and D. MICHAEL SWINEY, JJ., joined.

James L. Wagner, M.D. ("the plaintiff") scheduled a public auction to sell his Bledsoe County property. The plaintiff rejected the high bids received at the auction, believing them to be too low. He then sued Robert Fleming, Jr. and Charles Schenck ("the...

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