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AMBASSADOR COLLEGE v. GEOTZKE

No. 80-7479.

675 F.2d 662 (1982)

AMBASSADOR COLLEGE, Plaintiff-Appellant, v. Sally J. GEOTZKE, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied June 4, 1982.

Attorney(s) appearing for the Case

Jones, Cork, Miller & Benton, W. Warren Plowden, Jr., Eric D. Griffin, Jr., Hubert C. Lovein, Jr., Macon, Ga., Ben B. Mills, Jr., Fitzgerald, Ga., for plaintiff-appellant.

John T. Croley, Jr., Fitzgerald, Ga., Arthur K. Bolton, Atty. Gen., H. Perry Michael, Senior Asst. Atty. Gen., Atlanta, Ga., for defendants-appellees.

Before TUTTLE, HILL and THOMAS A. CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 4, 1982.

THOMAS A. CLARK, Circuit Judge:

In February 1975, Madeline Hopkins Shaffer executed a deed and real estate trust agreement. This deed and trust agreement provided that upon her death title to her home would pass to Joseph Pope and Willard McMillan as trustees for Ambassador College. Mrs. Shaffer died in June 1978. The deed and trust agreement were recorded in July 1978. Shortly thereafter, Pope and McMillan...

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