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FOGARTY v. SECURITY TRUST CO.

No. 74-4084.

532 F.2d 1029 (1976)

Joseph F. FOGARTY, Jr., Appellee, v. SECURITY TRUST COMPANY, as Executor of the Estate of John E. McKinley, deceased, Appellant. Joseph E. FOGARTY, Jr., Cross-Appellant, v. SECURITY TRUST COMPANY, Individually, and as Executor of the Estate of John E. McKinley, deceased, Lindsey Hopkins, and Sarah H. McKillips, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 30, 1976.

Attorney(s) appearing for the Case

James D. Little, Robert L. Floyd, Miami, Fla., James A. Dixon, Sr., James A. Dixon, Jr., Miami, Fla., for appellant.

Timothy Armstrong, Kermit G. Kindred, Don G. Nicholson, Miami, Fla., for appellee.

Before DYER, CLARK and GEE, Circuit Judges.

CLARK, Circuit Judge:

This case presents appeals from cross summary judgments in favor of defendants and counter-defendants. Since issues of material fact remained to be tried, we reverse both judgments and remand for further proceedings.

Substantial facts are undisputed. Prior to his death in 1958, John E. McKinley owned and operated two companies: John E. McKinley, Inc., a general insurance brokerage, and McKinley & Company, a managing company which...

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