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BAIRD TREE CO., INC. v. CITY OF OAK RIDGE

No. E2009-01094-COA-R3-CV.

326 S.W.3d 156 (2010)

BAIRD TREE COMPANY, INC. v. CITY OF OAK RIDGE, et al.

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

April 26, 2010.

Permission to Appeal Denied by Supreme Court October 12, 2010.

Attorney(s) appearing for the Case

David H. Dunaway , LaFollette, Tennessee, for the Appellant, Baird Tree Company, Inc.

Benjamin K. Lauderback , Knoxville, Tennessee, for the Appellees, City of Oak Ridge and Jerry Dover, individually and as Electric Operations Manager for the City of Oak Ridge.

Frank M. Fly , Murfreesboro, Tennessee, for the Appellee, Seelbach and Company, Inc.

William A. Blue, Jr. , Nashville, Tennessee, for the Appellee, Environmental Consultants, Inc.

OPINION

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

In 2004, Baird Tree Company, Inc. ("Baird Tree") unsuccessfully bid on a tree trimming and removal project with the City of Oak Ridge ("Oak Ridge"). Baird Tree filed a lawsuit claiming, inter alia, that Oak Ridge's bidding process violated the Tennessee Trade Practices Act, Tenn. Code Ann. § 47-25-101....

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