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CORP. OF MERCER UNIV. v. SMITH

45765, 45766, 45767, 45768.

258 Ga. 509 (1988)

371 S.E.2d 858

THE CORPORATION OF MERCER UNIVERSITY et al. v. SMITH et al.

Supreme Court of Georgia.

Decided September 22, 1988.

Attorney(s) appearing for the Case

Jones, Cork & Miller, W. Warren Plowden, Hubert C. Lovein, Jr., King & Spalding, Frank C. Jones, Stephanie E. Parker, Hall, Bloch, Garland & Meyer, F. Kennedy Hall, for Mercer et al.

Crumbley & Crumbley, Alex Crumbley, Randall A. Meincke, for Smith et al.

Morris, Manning & Martin, Richard P. Reinhart, John Franklin Smith, Duvall & McCumber, Thomas O. Duvall, Jr., John David Doverspike, Verner F. Chaffin, Joseph W. Crooks, Mills, Freeman, Vaughn & Sosebee, W. Franklin Freeman, Jr., James A. Vaughn, Hugh D. Sosebee, Jr., amici curiae.

HUNT, Justice.

This is an appeal from the trial court's order setting aside the merger between Tift College and Mercer University.

The central issue before us is whether Tift is a charitable trust or a nonprofit corporation. The Corporations of Mercer University and Tift College contend the trial court erred by holding that Tift is a charitable trust. The defendants argue that Tift College was a nonprofit corporation within the meaning of the Georgia Nonprofit...

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