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HABECKER v. YOUNG

No. 72-2241.

474 F.2d 1229 (1973)

Annie Jean HABECKER, Plaintiff-Appellant, v. Earl W. YOUNG, as Administrator of the Estate of Elizabeth T. Poppell, Deceased, Defendant-Appellee, Herman Tedder and Bartow Tedder, Intervenors.

United States Court of Appeals, Fifth Circuit.

March 27, 1973.

Attorney(s) appearing for the Case

Marion R. Shephard, Jacksonville, Fla., for plaintiff-appellant.

W. Dexter Douglass, Tallahassee, Fla., Byron Butler, Perry, Fla., for Young.

John H. Cotten, Tallahassee, Fla., John Weed, Perry, Fla., for Tedders.

Before JOHN R. BROWN, Chief Judge, and THORNBERRY and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

Appellant Annie Jean Habecker, plaintiff below, brought suit in the District Court for the Northern District of Florida seeking specific performance of a contract to adopt. The defendant is the administrator of the alleged foster mother's estate. The intervenors are brothers of the alleged foster mother and are her heirs at law. The district court entered summary judgment for the defendant. We reverse and remand for a trial on the merits...

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