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STATE EX REL. CARNEY v. CROSBY

No. M2006-02777-COA-R3-CV.

255 S.W.3d 593 (2008)

STATE ex rel. John W. CARNEY, Jr. v. Danny J. CROSBY.

Court of Appeals of Tennessee, Middle Section, at Nashville.

January 17, 2008.

Attorney(s) appearing for the Case

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and William R. Lundy, Jr., Assistant Attorney General, for the appellant, State of Tennessee.

W. Timothy Harvey and Steven J. Christopher, Clarksville, Tennessee, for the appellee, Danny J. Crosby.

John B. Holt, Springfield, Tennessee, for the Amicus Curiae, City of Coopertown.

Published Pursuant to R. 11, Tennessee Court of Appeals.

OPINION

FRANK G. CLEMENT, JR., J., delivered the opinion of the court, in which PATRICIA J. COTTRELL, J., and JEFFREY F. STEWART, SP. J., joined.

The plaintiff appeals the decision of the trial court to not issue a writ of ouster against the mayor of Coopertown. The issue on appeal is whether the trial court correctly concluded that the plaintiff had failed to prove by clear and convincing...

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