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1986 Tennessee Attorney General Reports and Opinions 1 (1986)

handle is hein.sag/sagtn0056 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276, Public Acts of 1971 October 1986 ADMINISTRATIVE BOARDS AND AGENCIES: Administrative Procedures Act: Internal tax opinions prepared by the legal office of Department of Revenue rendered to Commissioner and directors with respect to pending determination of taxpayer liability in audit and assessments are not included in the docu- ments disclosable under T.C.A. S 4-5-218; T.C.A. S 4-5-218 does not apply to attorney-client com- munications in opinions which contain facts relayed by the Department to its legal counsel. 5 U.S.C. S 552; T.C.A. SS 4-5-218, 67-1-1701, et seg.; Ch. 738, 1986 Tenn. Pub. Acts. 86-177 AGE: Public Guardianship for the Elderly: Tennessee Commission on Aging: Legality of an area agency on aging to be designated as district public guardian under T.C.A. SS 34-7-101, et seS., in lieu of designation and appointment of ndividual person. T.C.A. SS 1-3-105, 14-5-106, 34-4-101, et seg., -109, 34-4-201, et seg., 34-7-101, et seg., -103, -104. 86-180 ANATOMICAL GIFTS: Removal of life support system by physi- cian when patient is dead under the Uniform Determination of Death Act and subsequent removal of organ for donation does not create a defense to murder; should defense be raised, physician incurs no liability, if determination of death is made in accordance with accepted medical standards and in good faith. T.C.A. JS 68-3-501; 68-30-101, et seg., -108. 86-168 ANTITRUST: Clayton Act: Federal Antitrust Laws: Sherman Act: Tenn. Antitrust Laws: Action by Department of Health/Environment to contract with single manufac- turer, after a public, competitive bidding process, to supply infant formula for distribution to par- ticipants in the Special Supplement Food Program for Women, Infants and Children (WIC Program) does not violate federal or state antitrust laws and successful bidder or retail merchant executing a vendor agreement with the Department u3nder these conditions would be immuned from antitrust liabi- lity. 15 U.S.C. Sl, 15 U.S.C. S 14, 42 U.S.C. SS 1771 to 1978, -1786; T.C.A. SS 12-3-101, et seg., 47-25-101, 68-1-106; Ch. 140, 1903 Tenn. Pub. Acts. 86-175

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