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McALLISTER v. MATLOCK

Civ. No. 3-78-227.

461 F.Supp. 518 (1978)

Frank McALLISTER and wife, Barbara McAllister v. Karolyn J. MATLOCK and Edward Matlock.

United States District Court, E. D. Tennessee, N. D.

November 6, 1978.

Attorney(s) appearing for the Case

F. Michael Fitzpatrick, Knoxville, Tenn., Collins, Wilson, Collins & Singleton, Covington, Va., for plaintiff.

John T. Johnson, Jr., Knoxville, for defendant.

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

Plaintiff and counter-defendant Frank McAllister has moved to dismiss the counterclaim in this action on the ground that the counterclaim was filed more than one year after the alleged personal injury was sustained and is thus barred by the applicable statute of limitation. Tenn.Code Ann. § 28-304. Plaintiff further argues that Tenn.Code Ann. § 28-116, which allows the filing of a counterclaim if the...

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