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  5. 762 F.Supp. 948 (1991)
 

PRESTON CORP. v. REEVES

Civ. A. No. 4:-88-cv-194-HLM.

762 F.Supp. 948 (1991)

PRESTON CORPORATION, Plaintiff, v. Oliver W. REEVES and Calhoun First National Bank, Trustee and Individually, and Trust Company Bank of Northwest Georgia, N.A., Trustee, Defendants.

United States District Court, N.D. Georgia, Rome Division.

February 15, 1991.

Attorney(s) appearing for the Case

C. King Askew, Robert Maddox Brinson, Brinson Askew & Berry, Rome, Ga., for plaintiff.

Paul T. Carroll, III, Virginia Barrow Harman, Hine Carroll & Niedrach, Rome, Ga., Thomas C. Harney, John Franklin Beasley, Jr., Kilpatrick & Cody, Atlanta, Ga., Jackson Baldwin Harris, Jo Henderson Stegall, III, Jule W. Peek, Jr., Shaw Maddox Graham Monk & Boling, Rome, Ga., for defendants.

Frank H. Jones, Jones Byington Durham & Payne, Rome, Ga., for third-party defendants.

ORDER

HAROLD L. MURPHY, District Judge.

This case is before the Court on cross motions for summary judgment. The facts in this case are clear and undisputed. The question presented is whether a former trustee can obtain reimbursement for legal fees expended in defense of its actions while trustee of the estate.

On December 23, 1982, Oliver W. Reeves and Calhoun First National Bank ("Calhoun Bank") established an irrevocable trust ("Reeves Trust"...

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