Skip Finkbohner, President
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July 2020
Volume XLIV, Issue 7
In This Issue...
Ann's Article..........................Page 2
Member Discount..................Page 3
Mentoring CLE......................Page 4
Juror Coffee..........................Page 5
Women Lawyers...................Page 6
VZC Bar................................Page 6
Significant Decisions.............Page 7
SAVLP...................................Page 8
In the News...........................Page 9
Announcements....................Page 10
Mobile Bar Foundation..........Page 11
Birthdays...............................Page 14
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2020 OFFICERS
President - GEORGE W. (SKIP) FINKBOHNER, III
President Elect - CHARLES J. (CHARLIE) POTTS
Vice President - D. BRIAN MURPHY
Secretary - JENNIFER S. HOLIFIELD
Treasurer - J. ROBERT (ROBBIE) TURNIPSEED
Asst. Treasurer - JAMES ALEXANDER (ALEX) STEADMAN
Executive Director - ANN F. SIRMON
Editor - JULIA J. SHREVE
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Reprint of Former President George Finkbohner, Jr. article originally published in September 1990.
I have been traveling a lot lately. I went to the National Conference of Bar Presidents in Chicago right before the American Bar Association meeting and just recently I have attended the Alabama State Bar Leadership Conference in Tuscaloosa. Don’t worry, none of this was a Bar Association expense. This was me satisfying my curiosity. I wanted to know what other Bar Associations were doing and why and how.
The National Conference of Bar Presidents was a two-day program, August 3 - 4. The presenters covered everything – stress, lawyer impairment, competency, independence of the judiciary, lawyer advertising, professionalism and image. The hot topic was professionalism and image. This was easily identified in the “topical workshops” that followed up the presentations. There were seven different workshops and I visited each. The workshop on professionalism and image was far and away the best attended – standing room only.
It is my personal opinion, in comparing us to other bar associations, we are doing very well. In fact, it was noted in the ISSUES UPDATE 1990, which is a summary of updates on selected issues and concerns handed out at the ABA convention, that the Mobile Bar Association and the Evansville, Indiana Bar Association have recently adopted codes of professionalism.
The state meeting in Tuscaloosa was a one-day meeting. We covered ten topics before lunch. We were given an overview on all state bar projects. I brought home two copies of the Bar Leadership Conference Report for 1990; one copy for me and one copy I have placed with Barbara Rhodes at the Bar Headquarters. This book is filled with useful facts, and phone numbers and names where additional information can be obtained concerning such topics as IOLTA Funds and Alabama Insurance Mutual of Alabama, Inc. (professional liability insurance for Alabama attorneys).
The Alabama Bar Leadership Book contains a great amount of statistics. For example, we are not the second largest bar association in Alabama, we are the third largest. Montgomery has 962 members and we have 917.
George W. Finkbohner, Jr.
President, 1990
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Supreme Court of Alabama Oral Arguments
POSTPONED - Spring 2021
Will share more information once received.
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Thank you for completing the members needs survey back in May. The Executive Committee reviewed the data at a recent meeting. COVID-19 continues to impact ALL of us in multiple ways. As we move forward through the remainder of the year, we will use your suggestions to shape the association, CLE programming, and how we schedule our events.
Speaking of events, thank you for sharing your feedback on in-person events. The majority of MBA members shared they would rather us not hold in person events and preferred the virtual events for the next 30 to 90 days. Therefore, we are not holding any in-person events through September. The goal is to start holding in-person events in October. Fingers crossed! We have held several virtual CLE programs over the last couple of months. Thanks for attending these events.
Upcoming CLEs
The month of July will be light with events. Our Mentoring Committee will hold its Book Club Review of
Tiger Tactics
and discuss Chapters 4-6. More information on the program is below.
Also, Family Law will hold their
Stars Across the Bay
CLE via Zoom. They will hold three 2-hour CLES from 11:00 a.m. - 1:00 p.m. Mark your calendar for
Wednesday, August 5, 12 and 19
. More information to follow soon.
Tech Tips
Be sure to check out Tech Tips in the newsletter. On a monthly basis, we are posting tips and tricks on how to use the new website and member portal.
Member Discounts
As a member of the Mobile Bar Association, you receive discounts from a variety of businesses. This month, we are highlighting Six Flags. Please see below the special offer they are extending to MBA members.
Thanks again for all your support of the Mobile Bar Association. Please let me know if you have any feedback or suggestions. My door is always open. I can be reached by phone at 251.433.9790 or by email at
asirmon@mobilebarassociation.com
. Have a safe and happy July 4
th
!
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MBA MEMBER DISCOUNT HIGHLIGHT
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Guest Lawyers: Alison Herlihy, Solo AND Pete Mackey, Burns, Cunningham, Mackey PC
Moderated by: Greg Vaughan, Holston Vaughan and Rosenthal, LLC
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This year, the Mentoring Committee will review the practice development book
Tiger Tactics, Powerful Strategies for Winning Law Firms
over the course of 4 months. Each month, starting in June, we will gather (via Zoom for the time being) for a 1.5 hour discussion (11:30 a.m. - 1:00 p.m.) hosted by the Mentoring Program and two MBA lawyers to review several chapters of the book.
1.5 hours of MCLE credit will be given for each gathering. And, thanks to the generosity of the publisher James Ruane and your Mobile Bar Association,
there will be no charge for the book or the CLE credit, if you are a current member of the Mobile Bar Association with 12 years of experience or less
. All other lawyers are invited to join us and normal CLE rates apply and the book will be sold to you at the Bar’s cost for $7 plus shipping OR you may come by MBA Headquarters to pick up your copy. Please note that we have ordered 100 copies of the book. Copies are available on a first come, first served basis. Space is limited to 100 participants and you must register in advance!
Registration Fees:
MBA members must be logged into the website to receive member pricing. If you don't remember your username and password, please contact MBA headquarters for assistance.
- MBA members with 12 years of experience or less: FREE and includes book
- MBA members with 13 years or more experience: $25 and book sold separately for $7
- Non-members: $35 and book sold separately for $7
Please stop by MBA Headquarters between 8:30 a.m. - 4:00 p.m. to pick up your book.
New Address: 150 Government Street, Suite 1000A.
If you have any additional questions, please contact Mobile Bar Association at 251.433.9790.
Our CLE schedule is as follows:
- Tuesday, July 21 - Review chapters 4 - 6 | Time: 11:30 a.m. - 1:00 p.m.
- Tuesday, August 18 - Review chapters 7 - 8 | Time: 11:30 a.m. - 1:00 p.m.
- Thursday, September 17 - Review chapters 9 - 10 | Time: 11:30 a.m. - 1:00 p.m.
Registration is required in advance.
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Amazon.com provides the following summary on
Tiger Tactics
:
What is Your Dream? Being a lawyer is difficult. Creating a sustainable and profitable firm that works for you is even harder. Most lawyers never get there. Most lawyers feel stuck in jobs. And many lawyers who choose to work for themselves struggle to make a profit or make any time for their lives.
Tiger Tactics
is about unlocking your dream. It was written by five lawyers who have individually gone on to create million and multi-million dollar practices.
Tiger Tactics
is about the stories, the struggles, and the practical advice necessary to thrive in the law practice jungle. Want more access and discussion? Join the
Tiger Tactics
online community at
https://www.facebook.com/groups/tigertacticsbook.
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The MBA Mentoring Committee CLEs are sponsored by:
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SAVE THE DATE
Family Law
Stars Across the Bay
will be held virtually
Wednesday, August 5, 12 and 19 from 11:00 am - 1:00 pm.
More information to follow soon.
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Tips for navigating the new website.
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For your first-time logging in
:
You do not have to create a User Name and Password. It has been created for you.
Type in the following:
User Name: your email address
Password: MBA2020
Once logging in for the first time, for security purposes, please go to your preferences and update your information and change your password.
Credit Card Fee:
For any credit card purchases on the website, there is a $2.00 credit card fee. The new website does not automatically add the charge. You MUST type 1 in the box beside the credit card fee to complete the process.
Invoices:
Your invoice from the MBA are now generated from the website and are sent to you via email. To view the invoice, there will be a clickable link to the invoice. If you are unsure it is from the MBA, please call us at 251.433.9790 or email
tanderson@mobilebarassociation.com.
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CONSIDER DONATING TO JUROR COFFEE
13TH JUDICIAL CIRCUIT COURT
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For many years the Mobile Bar Association has proudly sponsored free coffee and condiments for Mobile County residents called to serve as jurors in the 13th Judicial Circuit Court. Although it may seem a small gesture, if something as seemingly insignificant as a fresh cup of coffee can make the jury process more enjoyable, we believe it is a benefit to the system as a whole.
The Mobile Bar Association is currently asking MBA Members to consider donating either $50.00 or $100.00 to help us continue this tradition. If you are interested in donating to the Juror Coffee Fund,
please click here
. Thanks in advance for your consideration and contribution.
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THANK YOU - DONATION RECEIVED FOR THE
13TH JUDICIAL CIRCUIT COURT JUROR COFFEE FUND
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Thank you to the following member for making a donation to the 13th Judicial Circuit Court Juror Coffee Fund.
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By Tiffany Smith, President
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We miss seeing everyone and look forward to meeting soon, even if it is virtual. Watch your emails. If you have any suggestions on the type of meetings you would like for us to hold, please let me know. My email address is below.
If Women Lawyers can be of assistance in any way, please contact President Tiffany Smith by email at
tbs@emcdonoughlaw.com
.
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VERNON Z. CRAWFORD BAR ASSOCIATION
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By Suntrease Williams-Maynard, President
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The Vernon Z. Crawford Bay Area Bar Association participated in the Alabama Lawyers Association’s virtual annual conference on June 4-5, 2020.
The Vernon Z. Crawford Bay Area Bar Association also welcomed Dr. Tanya Chestnut as its guest speaker during its June membership meeting, which was held virtually on June 9, 2020.
We are excited to announce the establishment of a new committee - The Law Students and Young Lawyers Engagement Committee co-chaired by Cleveland Patterson and Greg Ramos. Please let us know if you are interested in serving on this committee.
Lastly, we are excited about the launch of our new membership directory! All members are asked to submit their membership applications no later than July 30, 2020 to ensure inclusion in this directory. Please contact President Suntrease Williams-Maynard at
s.williams08@yahoo.com
with any questions.
Thank you for your continued support even in the midst of COVID-19! Keeping everyone in our thoughts and prayers during this time. Should anything be needed, please do not hesitate to let us know.
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The U.S. District Court for the Southern District of Alabama is keeping the wheels of justice turning, even if that requires a little adaptation. When a client's case was removed from the Baldwin County Circuit Court, Finley Reeves, Stone Crosby, P.C.,worried how he would manage to get admitted to practice in the Southern District during the COVID-19 outbreak. Fortunately, Chief Judge Kristi K. DuBose of U.S. District Court for the Southern District of Alabama made accommodations to swear him in, allowing Mr. Reeves to meet his deadlines and represent the client. George Irvine (Mr. Reeves' sponsor and an attorney with Stone Crosby, P.C.) and Archie Reeves (Finley's father and an attorney at McDowell, Knight, Roedder & Sledge, LLC) also attended. In addition to other precautionary measures, everyone's temperature was taken before entry and everyone wore masks throughout the ceremony.
Judges, clerks, and all court personnel are inconvenienced just like the rest of us. We appreciate them for keeping the courts open however they can. When things return to normal, pictures like this will remind us that adapting to things beyond our control and collaboration between the bench and bar are the order of the day as we live up to our oaths and serve our community. For now, it will hopefully give us a laugh.
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In a case of first impression, the Court of Civil Appeals held in
Forty Three Investments, LLC v. The Water Works Board of the City of Birmingham
, No. 2180799 (Ala. Civ. App., May 1, 2020) that approval by the municipal government and planning commission having jurisdiction over the land to be condemned must be given prior to filing a private condemnation under Ala. Code § 18-3-1, even though the property of the plaintiff was located outside the municipal boundaries.
In another case of first impression, the Court of Civil Appeals in
McCall v. Lowndes County Commission
, No. 2180781 (Ala. Civ. App., May 15, 2020), held that an oral agreement to make a loan by the seller of real property out of proceeds from the sale was unenforceable under the statute of frauds, Ala. Code § 8-9-2(5), notwithstanding that the real estate sales transaction that was associated with the oral agreement had closed, the purchase price had been paid, and the buyer was put in possession.
In
Ex parte TD Bank US Holding Co.
, No. 1180998 (Ala., May 29, 2020), based on lack of personal jurisdiction, the Supreme Court granted a writ of mandamus requiring the trial court to dismiss an action against a bank that had no physical location in Alabama and did not solicit business in Alabama.
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By Dru Lauren Bishop, Pro Bono Manager
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Thank you to S.C. “Buster” Middlebrooks for agreeing to be our first virtual clinic volunteer attorney! SAVLP hosted our first virtual clinic on June 25
th
for clients needing help with an uncontested divorce. We used Zoom to host the clinic and clients were able to ask questions confidentially using the chat feature. We are all still learning how to best utilize this technology to benefit our clients and are very excited about our first attempt.
While Middlebrooks was the first attorney to try our Zoom clinic format, he has been a longtime volunteer for SAVLP. He has volunteered at our monthly divorce clinics since 2007! While family law is outside of Middlebrooks usual wheelhouse of toxic torts and complex civil litigation, he saw the need to help low income clients with this important area of law and took on this commitment faithfully. Even after his firm moved across the bay in 2019, he has continued to drive to Mobile once a month to offer this important service to clients. We could not continue to offer divorce services without the support of Middlebrooks and our other dedicated volunteers.
At the clinic, clients meet with the volunteer attorney to receive basic information about divorce in Alabama. Clients are then given a chance to ask their questions confidentially and are given a packet of information for the client and their spouse to complete. That information is passed along to the volunteer attorney who accepts the case for representation; the attorney has all of the information necessary to draft the answer/waiver divorce. We also offer divorce by publication for clients in limited circumstances. If this is a project you would like to be involved with, please give us a call. As attorneys we have all dealt with the legal issues that come from clients being unable to afford a divorce and know that an ounce of prevention is worth a pound of cure.
As we are all transitioning back to our “new normal”, we are here to help clients with a wide variety of basic civil legal needs, including: Evictions (for a limited time, due to covid 19), Foreclosure Defense, Ch. 7 Bankruptcy, Credit Access / Collection Defense, Consumer Finance, Tenant's Rights, Deeds / Home-ownership Issues, Contract/Warranty Issues, Guardianship, Conservatorship, Small Estates, Name Change, Wills, Power Of Attorney, Healthcare Directive, Divorce by Agreement, Divorce by Publication, Child Support Modifications, Adoption, Paternity / Legitimation, Custody by Agreement, Collection of Judgments (Small Claims) and Wage claims (under $1000). We are also offering Eviction Defense services to clients economically impacted by Covid-19. Clients can access our services by calling us at 251-438-1102 or visiting our website at savlp.org. Clients are screened based on income and assets based on the standards set by the Legal Services Corporation before we match them with an attorney for services.
We would love for you to get involved, and are able to offer CLE credit for your volunteer hours. Look for our monthly emails or email me at
drulauren@savlp.org
to find out about upcoming volunteer opportunities. Use our volunteer opportunity form to sign up to volunteer:
https://form.jotform.com/61586338348163
Thank you for your service!
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DIED:
Dr. Edward Raymond Ford, Jr., father of MBA Member
Ben Ford
and father-in-law of Mobile/Baldwin County lawyer
Camille Ford
, died on June 7, 2020. A native Mobilian, Ed graduated from Murphy High School and Auburn University prior to serving as Lieutenant in the U.S. Navy. He was a veteran of the Vietnam War in which he captained a Patrol Boat on the Mekong River. He subsequently studied dentistry at UAB and practiced in Mobile for 39 years. Ed was a member of a mystic society and Ashland Place United Methodist Church. His proudest and most valuable contributions were to his family. Ed is survived by his wife, three sons, and seven grandchildren.
DIED:
John “Ronny” Marsal, son of late MBA Member
Bubba Marsal
and brother of MBA Member
Tony Marsal
passed away on May 24, 2020. A native Mobilian, Ronny graduated from the University of Alabama and had an exciting career with CNN and ABC News in Washington, DC, where he retired. His remarkable sense of humor will be missed. Ronny is survived by his wife, two children, two step-children, and two dogs.
DIED:
Father of MBA Member
Jason Darley
, James Travis Darley, died on May 23, 2020. Originally from Georgia, Travis worked in the automotive manufacturing division of Alcoa and lived near the Texas-Mexico border for the last thirty years. He served for two tours as a Sergeant on a Huey helicopter in the Vietnam War. After he retired, Travis fished professionally on the BASS and FLW tours in Texas. At age 71, he succumbed to cancer and is greatly missed.
KUDOS:
MBA Members
John Crowder
and
Merceria Ludgood
were among seven honored by the University of South Alabama National Alumni Association during the 16
th
annual Distinguished Alumni and Service Awards gala in March.
- John Crowder, a Distinguished Alumni Award recipient, was recognized for his excellence as a trial lawyer and his establishment of a scholarship for pre-law students at South.
- Merceria Ludgood earned the Community Partner Award based on her decades of leadership and public service promoting equal justice in the government and non-profit sectors.
Died:
Wife of MBA Member
David Quittmeyer
, Nancy Kathryn Brown Quittmeyer died on May 11, 2020. Nancy earned a B.S. with honors in Nursing from the University of Virginia in 1980. She and David met in Charlottesville and were married there in 1984 before moving to Mobile. Before their children were born, Nancy practiced and taught Nursing. Later she shifted gears to volunteer service and community projects for UMS-Wright, the Mobile Symphony Orchestra, the Junior League of Mobile, and as the first vocational Parish Nurse for Trinity Episcopal Church. A smart, funny, and community-minded person, Nancy’s wry humor remained constant despite a stroke that presented her with significant challenges. She was predeceased by her infant daughter in 1993 and is survived by her husband, daughter and son.
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Mary Beth Mantiply
is searching for the will for
Frances Elaine (maiden Adamas) Ahmadi
. Please contact
Mary Beth
by phone at
251.625.4040
or by email at
mbmantiplylaw@gmail.com
.
The
Mobile County District Attorney’s Office
has an opening for the position of
Assistant District Attorney
. No prosecution experience required but legal experience is preferred. Must be licensed to practice law in the State of Alabama, not awaiting bar results. Please send resume and references to
jonigreen@mobileda.org
.
Office space for rent
, 155 Dauphin St. Great Location two blocks from the courthouse and facing Bienville Square. Please call
251-432-8432
for details.
DOWNTOWN OFFICE SPACE AVAILABLE:
350 Church Street, two blocks from the courthouse. One large office downstairs and space for your secretary. Parking available. Conference room and kitchen. Within walking distance of our courthouse. Established firm. If interested, please e-mail
bmt.for.christ@gmail.com
.
Congratulations to
David B. Zimmerman
for being appointed
Municipal Court Judge of Dauphin Island
.
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DONATIONS HAVE BEEN MADE TO THE
MOBILE BAR FOUNDATION
In Memory of
HOLLY WISEMAN, MARC BRADLEY and RALPH LOVELESS
By: Kathy Miller & Charlie Fleming
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MOBILE BAR FOUNDATION DONATION FORM
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Please consider making a tax deductible donation to the Mobile Bar Foundation:
Name: ____________________________________________________________________________________
Address: __________________________________________________________________________________
Phone: _______________________________________ E-Mail: _____________________________________
YES, I want to make a donation to the Mobile Bar Foundation -
In honor/memory of: ______________________________________________________________________
Acknowledgement sent to:
Name ____________________________________________________________________________________
Address: __________________________________________________________________________________
YES, I want to become a member of the Mobile Bar Foundation -
__ Life member ($5000, can be paid in up to 5 annual installments
__ Sustaining Member ($100 or more annually)
__ Regular Member ($50 - $99 annually)
__ Member of MBA practicing 5 years or less ($25 - $99)
__ I would like more information on including the Foundation in my estate planning
I donate my gift of: $__________
Check: __________ (Please make checks payable to the Mobile Bar Foundation)
*Credit Card: Visa/Mastercard# ____________________________________________________________
Signature: ______________________________________________ Exp: ___________________________
Mail to: Mobile Bar Foundation, P.O. Drawer 2005, Mobile, AL 36652
* All credit card transactions will incur a $2.00 processing fee.
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Friday, July 3
MBA Headquarters Closed
Thursday, July 9
Executive Committee Meeting | Zoom
Wednesday, July 15
August Bulletin Deadline
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Tuesday, July 21
Mentoring Committee: Book Club | Zoom
Thursday, July 23
Grievance Committee Meeting
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Listed below are members that are celebrating birthdays in July:
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Christopher
Andrew
Arledge
Daryl
Alsabrook
Atchison
Joseph
Patrick Henican Babington
Cecilia
Klotz
Bacon
D.
Brent
Baker
John
Caddell
Bell
Michael
Alexander
Berson
Jaime
William
Betbeze
Henry
H.
Brewster,
Jr.
Andrew
Jude
Browning
Peter
F.
Burns
David
Anthony
Busby
Jennifer
Caldwell
Byrd
Henry
A.
Callaway
Kenneth
Paul
Carbo,
Jr.
Megan
Brooks
Comer
Stephen
Joseph
Cramblitt
Samuel
N.
Crosby
John
James
Crowley,
Jr.
Vicki
Marie
Davis
Bradley
E.
Dean
Caleb
William
Diaz
Moshae
Elise
Donald
Grady
Randall
Edmondson
Christopher
B.
Estes
Samantha
N.
Fox
Keith
B.
Franklin
Josh
D.
Friedman
Robert
Spencer
Frost
John
P.
Furman
William
Jordan
Gamble,
Jr.
Matthew
Ross
Griffith
Wesley
Alec
Harbuck
H.
Theresa
Harrison
Lisa
Jo
Hill
Walter
H.
Honeycutt
D.
Kirby
Howard
Stewart
Leon
Howard
Jennifer
Belle
Jayjohn
James
Allen
Johnson
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Cecily
L.
Kaffer
James
W.
Killion
Michael
D.
Knight
Grayson
F.
Knight-Schemer
William
Robert
Lancaster
Yancy
Davis
Lott,
Jr.
Thomas
Ryan
Luna
Michael
E.
Mark
Ralph
Edward
Massey,
III
Samuel
Preston
McClurkin
Tara
Lynn
McCook
James
H.
McDonald,
Jr.
Christopher
R.
Miller
Brian
Murphy
Carson
Irvine
Nicolson
James
Harris
Oppenheimer
William
H.
Philpot,
Jr.
Brian
Thomas
Pugh
David
R.
Quittmeyer
Jon
David
Roberts
William
A.
Robinson
Stephanie
Robinson
Norman
Stuart
Roman
Jay
Michael
Ross
William
H.
Saliba
Bradley
Robert
Sanders,
Jr.
Troy
Thomas Schwant
J.
Nevin
Shaffer,
Jr.
Allison
White
Smalley
William
Dowlen
Stokes
Marianne
W.
Terry
Carla
Morrison
Thomas
Janet
Diane
Thornton
Neal
Cody
Townsend
David
Thornton
Trice,
Jr.
Randolph
Barnes
Walton
Anna
Maggio
Williams
Suntrease
Wynique
Williams-Maynard
Michael
A.
Youngpeter
David
B.
Zimmerman
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We would like to wish retired MBA member Robert Denniston a BIG Happy Birthday! He turned 100 years young on June 12, 2020.
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