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10 No. 5 Tennessee Attorney General Reports and Opinions [i] (1981)

handle is hein.sag/sagtn0014 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276, Public Acts of 1971 MARCH - APRIL, 1981 VOLUME X NUMBER 5 OPINION NO. PAGE NO. Administration of Estates: Inheritance Tax - Appeal to State Board of Equalization. Jurisdiction of State Board of Equal- ization upon appeal of valuation of property for inheritance tax purposes. T,C.A. §§ 30-1620, 67-831, and 67-2303. 330 611 Aeronautics: Airport Authorities - Operation and Use Privileges. Airport authority determining whether liquor may be sold on premises. T.C.A. §§ 42-3-112, 42-3-113, and 42-4-114. 319 594 Appeal and Review: Appeals from General Sessions Court. Time in which to appeal from a forcible entry and detainer judgment in general sessions court. T.C.A. §§ 27-5-108 and 29-18-128. 315 585 Attorneys-at-Law: Unauthorized Practice and Improper Conduct - Unlawful Practice Prohibited. Representation of corporation's interest in small claims or general sessions court by unlicensed employee as unlawful practice of law. T.C.A. §§ 23-3-101(a) and 23-3-103(a). 300 559 Banks: Banking Institutions - Divestiture. Constitutionality of Tegislation requiring divestiture of banks held by holding com- panies not headquartered in same county as affiliates. Constitu- tion of the United States, Art. I, Sec. 8, Cl. 3; and Amend. XIV, Sec. 1. 353 662 Banks: Banking Institutions - Divestiture. State liability for costs incurred by holding companies required by legislation to divest banks in counties where holding company not headquartered. Constitution of the United States, Art. I, Sec. 8, Cl. 3; and Amend. XIV, Sec. 1. 353 662 Cemeteries: Cemetery Companies - Trust Funds. Evading statutory trust provisions by unrealistic apportionment of tie-in price of funeral services and/or cemetery merchandise with a cemetery lot. T.C.A. §§ 46-2-302 and 46-2-403(a). 293 545 Cities and Towns: Powers of Cities - Restrictions on Interest of Officers. City attorney representing person indicted for bribing former city councilman. T.C.A. §§ 6-2-402 and 12-4-101. 357 672 Constitution of Tennessee: Declaration of Rights - No Man to be Disturbed but by Law. Constitutionality of bill making it a felony to deal in a thing purported to be, but not, a controlled drug substance. Constitution of the United States, Amend. XIV, Sec. 1; Constitution of Tennessee, Art. I, Sec. 8. 345 642 Constitution of Tennessee: Declaration of Rights - No Man to be Disturbed but by Law. Constitutionality of bill prohibiting disseminati'on of smoking material or smoking paraphernalia to minors. Constitution of Tennessee, Art. I, Sec. 8; Constitution of the United States, Amend. XIV, Sec. 1. 335 622 Constitution of Tennessee: Declaration of Rights - Unreasonable Searches and Seizures. Constitutionality of bill providing for warrantless arrest, following a traffic accident, of persons committing misdemeanors. Constitution of Tennessee, Art. I, Sec. 7; Constitution of the United States, Amend. IV; T.C.A. § 40-803. 307 573

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