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NORTHEAST KNOX UTILITY v. STANFORT CONST.

206 S.W.3d 454 (2006)

NORTHEAST KNOX UTILITY DISTRICT v. STANFORT CONSTRUCTION COMPANY, Southern Constructors, Inc., and American Arbitration Association, Inc., Stanfort Construction Company v. Northeast Knox Utility District, Robert G. Campbell & Associates, LP., and Richard Phillips.

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

May 16, 2006.

Permission to Appeal Denied October 2, 2006.

Attorney(s) appearing for the Case

Andrew R. Tillman and Joshua R. Walker, Knoxville, Tennessee, for counter-plaintiff/appellant, Stanfort Construction Company.

John M. Neal, Knoxville, Tennessee, for appellee, Richard Phillips.

Robert H. Green, Knoxville, Tennessee, for third party defendant/appellee, Robert G. Campbell & Associates, LP.

Permission to Appeal Denied by Supreme Court October 2, 2006.

OPINION

HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the court, in which SHARON G. LEE, J., joined, and CHARLES D. SUSANO, JR., J., filed a separate dissenting opinion.

The Trial Court granted defendants summary judgment on the grounds the statute of limitations had run on plaintiff's claims. On appeal, we vacate and remand.

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