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GRENCO REAL ESTATE INV. TRUST v. BROOKER

211 S.E.2d 33 (1975)

215 Va. 413

GRENCO REAL ESTATE INVESTMENT TRUST v. Richard H. BROOKER, Sr., et al.

Supreme Court of Virginia.

January 20, 1975.

Attorney(s) appearing for the Case

C. Waverly Parker, Stanardsville, for plaintiff in error.

No brief filed for defendants in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

PER CURIAM.

The question for decision in this case is whether a real estate investment trust created under Chapter 9 of Title 6.1 of the Code of Virginia qualifies as an "unincorporated association" within the meaning of Code § 8-661 and is thereby entitled to sue in its own name rather than by its trustees.

The question arose when a demurrer was filed to a motion for judgment brought...

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