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UNION BANK & TRUST CO. OF MT. HOLLEY, N. J. v. FIRST NAT. BANK

Nos. 22742, 22743.

362 F.2d 311 (1966)

UNION BANK AND TRUST COMPANY OF MT. HOLLEY, NEW JERSEY, as Guardian for John Steven Couch, Appellant, v. The FIRST NATIONAL BANK AND TRUST COMPANY OF WAYNESBORO, PENNSYLVANIA, as Administrator of the Estate of Ellen Jordon Couch, Appellee. MUSKEGON BANK AND TRUST COMPANY, MUSKEGON, MICHIGAN, as Guardian for Robert James Couch, Appellant, v. The FIRST NATIONAL BANK AND TRUST COMPANY OF WAYNESBORO, PENNSYLVANIA, as Administrator of the Estate of Ellen Jordon Couch, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 14, 1966.

Attorney(s) appearing for the Case

Marcus B. Calhoun, Forester & Calhoun, Thomasville, Ga., for appellants.

Roy M. Lilly, T. Heyward Vann, Alexander, Vann & Lilly, Thomasville, Ga., for appellee.

Before TUTTLE, Chief Judge, BELL, Circuit Judge, and KILKENNY, District Judge.

TUTTLE, Chief Judge.

This is an appeal by the original plaintiffs, guardians for the minor children of Mrs. Ellen Jordon Couch, deceased, whose estate is represented by the First National Bank and Trust Company of Waynesboro, Pennsylvania. The two suits consolidated for appeal, originated as tort actions filed on behalf of the two unemancipated children of the defendant's decedent. Mrs. Couch was the driver of the automobile in which her children were riding, when...

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