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1985 Tennessee Attorney General Reports and Opinions 1 (1985)

handle is hein.sag/sagtn0046 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276, Public Acts of 1971 November 1985 BANKING: Financial Institutions: Prohibition against a national bank purchasing an irrevocable debt can- cellation life insurance policy from an insurance company in order to satisfy the reserve require- ments of a debt cancellation contract. T.C.A. SS 56-6-126, -201, -203, 56-7-901 et seq., -903, -904. 85-277 BANKRUPTCY: Consequences for the State of Tennessee when a court enters judgment that exceeds amount of a pri- vate contractor's liability insurance; Consequences of a cancellation of a private contractor's liabi- lity coverage; Consequences of the contractor declaring bankruptcy or failing to renew its contract to manage the prisons; Liability of non- exempt employees, exempt employees if sued indivi- dually, liability of either if acting beyond scope of authority; State of Tennessee avoiding liability for civil wrongs committed by a private contractor managing the prison system. U.S. Const. Amend. VIII; 11 U.S.C. SS 101 et seg., 106, 362, 365, 721, 11 U.S.C. SS 1102, 1103, 1107, 1108, 42 U.S.C. S 1983; Tenn. Const. Art. I, 55 1, 16, 32; T.C.A. SS 8-42-101, 9-8-112, 9-8-307; P.A. 1889, Ch. 204, Ops. Tenn. Atty. Gen. 85-082 (March 21, 1985), 85-183 (June 20, 1985). 85-286 CIVIL PROCEDURE: Cost: Motion: Costs in civil suits collected by clerk from plaintiff's filing fee if costs assessed against defendant, where execution on defendant is returned nulla bona. T.C.A. SS 8-21-401, 20-12-101, -137. 85-284 CLERKS OF COURT: Circuit: Juvenile: Authority of the Maury County Juvenile Court Clerk to charge clerk's fees in addition to Sheriff's fees for serving summons pursuant to T.C.A. 5 37-1-150, as 'other like expenses' or as part of the expenses of serving the summons. T.C.A. SS 8-21-101, -150, -401, 37-1-150, -201, -209; P.A. 1982, Ch. 934; Pr.A. 1982, Ch. 252; Op. Tenn. Atty. Gen. 79-346 (July 31, 1979). 85-272 CLERKS OF COURT: Circuit: Criminal: Applicability of the Fraud and Economic Crimes Prosecution Act in city courts. T.C.A. SS 6-33-103, 16-17-103, 40-30-203, -204, -205. 85-279

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