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PHILLIPS EXETER ACADEMY v. HOWARD PHILLIPS FUND

No. 99-1254.

196 F.3d 284 (1999)

PHILLIPS EXETER ACADEMY, Plaintiff, Appellant, v. HOWARD PHILLIPS FUND, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 19, 1999.

Attorney(s) appearing for the Case

Harvey J. Wolkoff, with whom John H. Mason, Robert L. Kilroy, Ropes & Gray, Jack B. Middleton, Rachel A. Hampe and McLane, Graf, Raulerson & Middleton were on brief, for appellant.

Richard B. Couser, with whom Roy S. McCandless, Orr & Reno, P.A., Gregory Presnell and Akerman, Senterfit & Edison, P.A. were on brief, for appellees.

Before Selya, Circuit Judge, Coffin, Senior Circuit Judge, and Lipez, Circuit Judge.

SELYA, Circuit Judge.

This appeal presents a jurisdictional tangle. The seeds for the underlying litigation were sown when the late Howard Phillips (Phillips or the testator) bequeathed all the stock in a profitable Florida-based real estate development company, Dr. Phillips, Inc. (the Company), to the Howard Phillips Fund (the Fund), upon the condition that the Fund share the profits with Phillips Exeter Academy (Exeter), a private secondary school located in New...

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