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EGERTON v. R. E. LEE MEMORIAL CHURCH

No. 67-C-18-L.

273 F.Supp. 834 (1967)

Margaret Pickford EGERTON, Plaintiff, v. R. E. LEE MEMORIAL CHURCH, an unincorporated association, Defendant.

United States District Court W. D. Virginia, Lynchburg Division.

September 15, 1967.

Attorney(s) appearing for the Case

E. K. Powe, Durham, N. C., and William Rosenberger, Jr., Lynchburg, Va., for plaintiff.

Floyd C. Jennings, Jr., Lynchburg, Va., for defendant.

MEMORANDUM OF OPINION

BARKSDALE, District Judge.

This is a civil action instituted on June 7, 1967, by plaintiff, Margaret Pickford Egerton, a citizen of North Carolina, against R. E. Lee Memorial Church, an unincorporated association of Lexington, Virginia. It is now before me, upon defendant's motion, supported by the affidavit of the Rector of the Church, to dismiss the action upon the ground that it is "a charitable association, eleemosynary in character...

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