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HARRELL v. WESTER

No. 87-3716.

853 F.2d 828 (1988)

Leonard M. HARRELL, Plaintiff-Appellee, v. Doyle Alva WESTER, Eugenia W. Pelt, and Billy Wester Dickson, Defendants, Pencie W. Wester, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 29, 1988.

Attorney(s) appearing for the Case

J. Paul Griffith, Griffith & Griffith, Frank A. Baker, Marianna, Fla., for defendant-appellant.

Ben Kirbo, Bainbridge, Ga., for plaintiff-appellee.

Before TJOFLAT, VANCE and COX, Circuit Judges.

VANCE, Circuit Judge:

Plaintiff Leonard M. Harrell brought this action to establish a declaration of trust in certain real property held by the defendants and to obtain an accounting of proceeds derived from the property. After a non-jury trial the district court ordered defendant Pencie W. Wester to convey a portion of the property to Harrell and to pay Harrell $98,074.27 in proceeds she had received from the property. Because we conclude that Harrell's action is...

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