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POWELL v. THORSEN

41297, 41298.

253 Ga. 572 (1984)

322 S.E.2d 261

POWELL et al. v. THORSEN et al. (two cases).

Supreme Court of Georgia.

Rehearing Denied November 27, 1984.

Attorney(s) appearing for the Case

Sprouse, Tucker & Ford, William L. Tucker, Charles J. King, for appellants.

Forrest L. Champion, Jr., Joseph L. Waldrep, for appellees.

WELTNER, Justice.

This is a continuation of the litigation reported in Powell v. Thorsen, 248 Ga. 697 (285 S.E.2d 699) (1982).

1. We need not determine whether the first count of the complaint was a claim at law or in equity, as no material facts were in issue as to this count, and the question of James T. Lester's right to the subject funds turned upon questions of law, including construction...

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