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BECKENDORF v. SIMMONS

539 S.W.2d 31 (1976)

F.C. BECKENDORF, Sr., Petitioner-Plaintiff, v. Richard H. SIMMONS, d/b/a Simmons Sales Company, Respondent-Defendant.

Supreme Court of Tennessee.

July 6, 1976.

Attorney(s) appearing for the Case

Henry L. Klein, J.W. Kirkpatrick, Memphis, for petitioner-plaintiff; Kirkpatrick & Lucas, Memphis, of counsel.

Joe D. Spicer, Eugene Charles Gaerig, Memphis, for respondent-defendant; Holt, Batchelor, Taylor & Spicer, Memphis, of counsel.

OPINION

HARBISON, Justice.

This case presents a claim against the lessee of a motor vehicle arising from its unauthorized use by an employee. Both the trial court and the Court of Appeals sustained motions for summary judgment filed on behalf of the employer. There were some conflicts as to the facts testified to by the employer and the employee in discovery depositions, which were used in support of the motion...

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