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SHORTER COLLEGE v. BAPTIST CONVENTION OF GEORGIA

No. S04G1291.

614 S.E.2d 37 (2005)

279 Ga. 466

SHORTER COLLEGE et al. v. BAPTIST CONVENTION OF GEORGIA et al.

Supreme Court of Georgia.

Reconsideration Denied June 30, 2005.

Attorney(s) appearing for the Case

Bruce Perrin Brown, Thomas Bruno Bosch, McKenna, Long & Aldridge, LLP, Atlanta, David F. Guldenschuh, Smith, Shaw & Maddox, LLP, Rome, for Appellants.

Walter H. Bush, Jr., Thomas O. Duvall, Jr., Jason Edward Bring, Andrew Blaine Flake, Arnall, Golden & Gregory, LLP, Richard L. Robbins, Valerie Strong Sanders, Sutherland, Asbill & Brennan, Atlanta, for Appellees.

J. Anderson Davis, Brinson, Askew, Berry, Seigler, Richardson & Davis, Rome, Roy E. Barnes, Scott Colley, Newnan, for amici curiae.

CARLEY, Justice.

In 1959, Shorter College (College) amended its charter to confer on the Baptist Convention of the State of Georgia (GBC) the exclusive authority to name the school's Board of Trustees (Board). As a result of the grant of this power to choose the trustees, GBC assumed the status of a "member" of the College. OCGA § 14-3-140(22). Over the years, GBC and the College collaborated in the trustee selection process. In 2001, however, a conflict arose...

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