Legal Opinion

National Audubon Society, Inc., a Corporation v. MacLean Marshall, Individually, and as Trustee

Court of Appeals for the Fifth Circuit

Decided April 9, 1970No. 28400PublishedCited by 5 opinions

1Per curiam

Appellee (Audubon) brought this diversity action below for declaratory judgment under Title 28, U.S.C., Sections 2201-02, for construction of one section of a will under which Audubon claimed it and Marshall were remainder-men of a trust created by the will. Both parties moved for summary judgment and the district court granted the motion of the appellee, Audubon, for reasons exemplified in its unpublished opinion, attached here as an appendix. We are convinced that the case was correctly decided below for the correct reasons, and adopt the opinion of the district judge.

Affirmed.

APPENDIX

ORDER…

2Cases cited4 opinions

  1. Raymond C. Byers v. Guinevere E. ByersCourt of Appeals for the Fifth Circuit · 1958
  2. Brewton v. McLeodSupreme Court of Georgia · 1961
  3. Wood v. DavisSupreme Court of Georgia · 1929
  4. In re the Construction of the Trust for the Benefit of della RoochettaNew York Supreme Court · 1961

3Cited by5 opinions

  1. ConocoPhillips Co. v. KoopmannTexas Supreme Court · 2018
  2. Gant v. Grand Lodge of TexasCourt of Appeals for the Tenth Circuit · 1993
  3. Gearheard v. GearheardDistrict Court, S.D. Mississippi · 1976
  4. Gant v. The Grand Lodge Of TexasCourt of Appeals for the Tenth Circuit · 1993
  5. Conocophillips Company and Burlington Resources Oil & Gas Co., L.P. v. Ralph Wade Koopmann, Karen Marie Koenig, Lorene H. Koopmann, and Lois Strieber, Individually and as of the Estate of Jerry StrieberTexas Supreme Court · 2018

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