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NATIONAL AUDUBON SOCIETY, INC. v. MARSHALL

No. 28400.

424 F.2d 717 (1970)

NATIONAL AUDUBON SOCIETY, INC., a corporation, Plaintiff-Appellee, v. Maclean MARSHALL, Individually, and as Trustee, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 9, 1970.

Attorney(s) appearing for the Case

Dan E. McConaughey, Decatur, Ga., Dudley B. Magruder, Jr., Rogers, Magruder & Hoyt, Rome, Ga., for defendant-appellant.

Gambrell & Mobley, David H. Gambrell, Robert D. Feagin, III, Atlanta, Ga., for plaintiff-appellee.

Before SIMPSON, MORGAN and INGRAHAM, Circuit Judges.

PER CURIAM:

Appellee (Audubon) brought this diversity action below for declaratory judgment under Title 28, U.S.C., Sections 2201-02, for construction of one section of a will under which Audubon claimed it and Marshall were remaindermen of a trust created by the will. Both parties moved for summary judgment and the district court granted the motion of the appellee, Audubon, for reasons exemplified in its unpublished opinion, attached here as an appendix. We are convinced...

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