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STATE EX REL. JOHNSON v. MOUNT OLIVET CEMETERY CO.

834 S.W.2d 306 (1992)

STATE of Tennessee, ex rel. Victor S. JOHNSON, III, District Attorney General, and Elaine A. McReynolds, Commissioner of Commerce and Insurance for the State of Tennessee, Plaintiffs/Appellees, Standard Realty & Mortgage Corporation, Shareholder/Claimant/Appellant, v. MOUNT OLIVET CEMETERY COMPANY, Defendant/Cross-Plaintiff Third-Party Plaintiff/Appellee. Winston LIGON, Defendant/Cross-Defendant/Appellee v. FAMILY PLANNING & PROTECTION CORPORATION OF AMERICA, INC. and Doris Ligon, Third-Party Defendants/Appellants.

Court of Appeals of Tennessee, Middle Section at Nashville.

Permission to Appeal Denied May 18, 1992.

Attorney(s) appearing for the Case

Paula Godsey, Asst. Atty. Gen., Dan H. Hamm, Asst. Dist. Atty. Gen., Nashville, for plaintiffs/appellees.

Samuel L. Felker, Bass, Berry & Sims, Nashville, for appellants.

John W. Wagster, Hollins, Wagster & Yarbrough, P.C., Nashville, receiver for appellee Mt. Olivet Cemetery Co.

W. Ovid Collins, Jr., Cornelius & Collins, Nashville, guardian ad litem for Lot Owners of Mt. Olivet Cemetery Co.

Charles A. High, Jr., Bd. of Professional Responsibility, Nashville, for appellee Winston Ligon.

Cecil D. Branstetter, Branstetter, Kilgore, Stranch & Jennings, Nashville, for H. Raymond Ligon and H. Raymond Ligon, II.

Vallie C. Brooks, Sp. Litigation Asst., I.R.S., Southeast Region, Richard M. Riebeling, Stokes & Bartholomew, P.A., Nashville, for Nashville Historic Cemetery Ass'n, Inc.

Permission to Appeal Denied by Supreme Court May 18, 1992.

OPINION

CANTRELL, Judge.

This is a dispute over the ownership of Mt. Olivet Cemetery in Nashville. In 1990, after ten years of receivership, the trial court ordered the cemetery sold to Nashville Historical Cemetery Association, Inc. Doris Ligon, one of the appellants, asserts on appeal that she, or a company she controls, owns the cemetery and that the court should have approved her plan...

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