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ALABAMA BANCORPORATION v. HENLEY

Civ. A. No. CA-77-L-1530-S.

465 F.Supp. 648 (1979)

ALABAMA BANCORPORATION, a corporation, and the First National Bank of Birmingham, a national banking association, Plaintiffs, v. John C. HENLEY, III, and Birmingham Trust National Bank, as Trustees of Linn-Henley Charitable Trust, et al., Defendants.

United States District Court, N. D. Alabama, S. D.

February 21, 1979.

Attorney(s) appearing for the Case

L. Murray Alley and George F. Maynard of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, Ala., for plaintiffs, Alabama Bancorporation, a corporation, and The First Nat. Bank of Birmingham, a National Banking Ass'n.

Jim O'Kelley, Asst. Atty. Gen., Montgomery, Ala., for William J. Baxley, Atty. Gen. of the State of Alabama, Montgomery, Ala., as the ad litem representative of the unnamed beneficiaries of the Linn-Henley Charitable Trust.

Lee C. Bradley, Jr., and Macbeth Wagnon, Jr. of Bradley, Arant, Rose & White, Birmingham, Ala., for defendant, Birmingham Trust Nat. Bank.

James W. May of Odom, May & Debuys, Birmingham, Ala., and by Daniel M. Markstein, III, and Curtis O. Liles, III of Markstein & Morris, Birmingham, Ala., for defendant, John C. Henley, III.

MEMORANDUM OPINION

LYNNE, District Judge.

Plaintiff, Alabama Bancorporation ("Bancorporation"), is a Delaware corporation and holding company which owns all the capital stock (except for directors' qualifying shares) of plaintiff The First National Bank of Birmingham ("FNB"), a national banking association, and fourteen other banks located in Alabama. Defendants John C. Henley, III ("Henley") and Birmingham Trust...

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