IN THE SUPREME COURT FOR THE STATE OF TENNESSEE

AT KNOXVILLE, TENNESSEE

FILED NOT FOR PUBLICATION February 1, 1999 Filed: February 1, 1999 Cecil W. Crowson Appellate Court Clerk ROBBY McCURRY ) CAUSE NO. ) 03S01-9705-CH-00050 Plaintiff/Appellee ) ) CAMPBELL CHANCERY CONTAINER CORPORATION OF ) P-13,742 Below AMERICA, a Division of ) Jefferson Smurfit ) Corporation ) ) Defendant/Appellant. )

ORDER

The appellee, Robby McCurry, filed a second motion to rehear on December

28, 1998, petitioning this Court to reconsider our decision in the above styled case.

The appellee filed this petition without first seeking permission from this Court as

prescribed in Rule 39(f) of the Tennessee Rules of Appellate Procedure. Accordingly,

the motion is not well taken.

Nevertheless, we have considered the appellee’s motion and conclude that it is

without merit.

It is, therefore, ordered that the motion to rehear is denied.

PER CURIAM

Drowota, Birch, Holder, Barker, JJ.; Anderson, C.J., not participating.