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CRACKER BARREL OLD COUNTRY v. EPPERSON

No. M2006-02424-SC-R11-CV.

284 S.W.3d 303 (2009)

CRACKER BARREL OLD COUNTRY STORE, INC. et al. v. Richard EPPERSON et al.

Supreme Court of Tennessee, at Columbia.

May 1, 2009.

Attorney(s) appearing for the Case

Nancy S. Jones and Kristin J. Hazelwood (at trial), Nashville, Tennessee, and C. Dewees Berry (on appeal), Nashville, Tennessee, for the appellants, Cracker Barrel Old Country Store, Inc., and Cracker Barrel Associates, LLC.

Richard M. Smith (at trial), Nashville, Tennessee, and William T. Ramsey and Jonathan H. Wardle (on appeal), Nashville, Tennessee, for the appellees, Richard Epperson and Timothy Causey.

OPINION

CORNELIA A. CLARK, J., delivered the opinion of the court, in which JANICE M. HOLDER, C.J., and GARY R. WADE, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

We accepted Cracker Barrel's application for permission to appeal to determine whether the contractual language—"[a]ll costs and expenses of any suit or proceeding shall be assessed against the defaulting party"—creates a contractual right to attorney fees for the successful...

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