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GEORGIA O'KEEFFE FOUNDATION v. FISK UNIV.

No. M2008-00723-COA-R3-CV.

312 S.W.3d 1 (2009)

GEORGIA O'KEEFFE FOUNDATION (MUSEUM) v. FISK UNIVERSITY.

Court of Appeals of Tennessee, Middle Section, at Nashville.

July 14, 2009.

Permission to Appeal Denied by Supreme Court February 22, 2010.

Published Pursuant to Tenn. R. S. Ct. 4(D).

Attorney(s) appearing for the Case

John P. Branham, Stacey A. Garrett and C. Michael Norton, Nashville, Tennessee, for the appellant, Fisk University.

William L. Harbison, Andrée Sophia Blumstein, L. Webb Campbell III, and Phillip F. Cramer, Nashville, Tennessee, for the appellee, The Georgia O'Keeffe Museum.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, Janet M. Kleinfelter, Senior Counsel, and William H. Helou, Assistant Attorney General, for the State of Tennessee.

OPINION

FRANK G. CLEMENT, JR., J., delivered the opinion of the court, in which PATRICIA J. COTTRELL, P.J., M.S., joined. RICHARD H. DINKINS, J., also joined and filed a concurring opinion.

At issue in this appeal are the respective rights of three parties concerning charitable gifts of 101 pieces of art given, subject to conditions, to Fisk University in the late 1940s and early 1950s. The collection has...

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