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WESTLAND DRIVE SERV. v. CITIZENS & SOUTHERN

558 S.W.2d 439 (1977)

WESTLAND DRIVE SERVICE COMPANY, INC., Appellant, v. CITIZENS & SOUTHERN REALTY INVESTORS et al., Appellees.

Court of Appeals of Tennessee, Eastern Section.

Certiorari Denied November 7, 1977.

Attorney(s) appearing for the Case

Robert G. McDowell of Baker, Worthington, Crossley & Stansberry, Knoxville, for Westland Drive Service Co., Inc.

Lamar Alexander of Dearborn & Ewing, Nashville, for Citizens and Southern Realty Investors, Commerce Union Bank, d/b/a Timbers West Apartments, and Harvey Freeman & Sons, Inc.

W.W. Kennerly of Kennerly, Montgomery, Howard & Finley, Knoxville, for City of Knoxville and Knoxville Utilities Bd.

Eugene W. Ward, Gen. Counsel, Tennessee Public Service Commission, Nashville, amicus curiae.

Certiorari Denied by Supreme Court November 7, 1977.

OPINION

PARROTT, Presiding Judge (E. S.)

Westland Drive Service Company, Inc. has appealed from the chancellor's dismissal of its suit seeking to require Timbers West Apartments to purchase water from Westland instead of Knoxville Utilities Board [KUB].

Timbers West, a 320 unit apartment complex, was constructed in 1972 and, by agreement, KUB began furnishing water to Timbers West on November...

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