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SIMON PROPERTY GROUP v. BENSON

No. A05A2256.

648 S.E.2d 422 (2007)

SIMON PROPERTY GROUP et al. v. BENSON et al.

Court of Appeals of Georgia.

June 18, 2007.

Attorney(s) appearing for the Case

Alson & Bird, Rebecca M. Lamberth, John L. Coalson Jr., Colin K. Kelly, Jay D. Bennett, Atlanta, Brock, Clay, Wilson & Rogers, Charles C. Clay, Marietta, for appellants.

Nations, Toman & McKnight, Gary J. Toman, Atlanta, John F. Salter, Jr., Roy E. Barnes, for appellees.

MIKELL, Judge.

In Benson v. Simon Property Group,1 the Supreme Court affirmed our decision that the plaintiffs' complaint failed to state a claim for violations of the Disposition of Unclaimed Property Act, OCGA § 44-12-190 et seq.2 The Court noted that, to the extent that the plaintiffs "make claims which are independent of the DUPA, this action may still be viable."3

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