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FULTON NATIONAL BANK v. TATE

No. 22467.

363 F.2d 562 (1966)

FULTON NATIONAL BANK, Claimant, Appellant, v. Mrs. Lucille M. TATE, Individually, and as Administratrix of the Estate of Steve C. Tate, Deceased, et al., Appellees.

United States Court of Appeals Fifth Circuit.

July 14, 1966.

Attorney(s) appearing for the Case

Frazer Durrett, Jr., Jones, Bird & Howell, Earle B. May, Jr., Atlanta, Ga., for appellant.

R. Wilson Smith, Jr., Gainesville, Ga., Wright Gellerstedt, Decatur, Ga., Hal Lindsay, Atlanta, Ga., John H. Smith, Gainesville, Ga., for appellee Tate.

Thomas L. Stapleton, Atty., Dept. of Justice, Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, Attys., Dept. of Justice, Washington, D. C., Charles L. Goodson, U. S. Atty., Atlanta, Ga., John B. Jones, Jr., Acting Asst. Atty. Gen., Washington, D. C., Slaton Clemmons, Asst. U. S. Atty., Atlanta, Ga., of counsel, for the United States.

C. Edward Hansell, G. Dean Booth, Jr., Hansell, Post, Brandon & Dorsey, Atlanta, Ga., for third-party defendant-appellee.

Before BROWN and COLEMAN, Circuit Judges, and GARZA, District Judge.

JOHN R. BROWN, Circuit Judge:

Beneficiaries of an estate charge the executor with breach of his duty of undivided loyalty. They prove that the executor was negotiating at the same time with the same third party for both the sale of his personal property and the lease of estate property; that after "substantial" agreement was reached as to the terms of the sale of the executor's personal property, the third party refused to consummate the deal unless agreement could...

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