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AKERS v. BUCKNER-RUSH ENTERPRISES, INC.

No. E2006-01513-COA-R3-CV.

270 S.W.3d 67 (2007)

Rondal AKERS, et al. v. BUCKNER-RUSH ENTERPRISES, INC., et al.

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

November 21, 2007.

Permission to Appeal Denied by Supreme Court April 7, 2008.

Petition for Rehearing Denied May 12, 2008.

Attorney(s) appearing for the Case

William J. Brown, Cleveland, Tennessee, for the Appellants, Rondal and Lucinda Akers, Donna Burns, and Susan Hall, Doyle Harden, Ricky Harden, Sandra Fogle, Mollie C. Denton, and Elaine Waldron.

Stuart F. James, Chattanooga, Tennessee, for the Appellees T. Ray Brent Marsh, Rhames Lashae Marsh, Tri-State Crematory, and Tri-State Crematory, Inc.

Aubrey B. Harwell, Jr., Ronald G. Harris, and George H. Cate, III, Nashville, Tennessee, for the Appellees, Buckner-Rush Enterprises, Inc., Prime Succession of Tennessee, Inc., and Prime Succession Holding, Inc.

D. MICHAEL SWINEY, J., delivered the opinion of the court, in which HERSCHEL P. FRANKS, P.J., joined. CHARLES D. SUSANO, JR., J., filed a separate opinion concurring in part and dissenting in part.

OPINION

This is an appeal from three consolidated lawsuits filed against T. Ray Brent Marsh, Marsh's former business, Tri-State Crematory, and Buckner-Rush Enterprises, Inc. The plaintiffs are relatives and a girlfriend of three deceased individuals whose bodies were sent by Buckner-Rush Funeral Home to Tri-State Crematory for cremation. The bodies were not cremated and either were dumped or buried by Marsh on the Tri-State premises. The Trial Court dismissed all...

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