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Taylor v. Smith6/24/2003
uire a vacation of the award on that basis alone. See Tenn. R. App. P. 36(b).
With respect to the issue of failing to grant a new trial, we find this issue without merit, except to the extent it encompasses the plaintiffs' lack of material evidence argument.
IX.
The judgment of the trial court is vacated and this case is remanded to the trial court for a new trial. Costs on appeal are taxed against Allstate Insurance Company.
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