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McCORKLE v. FIRST PENNSYLVANIA BANKING AND TRUST CO.

No. 71-1157.

459 F.2d 243 (1972)

William R. McCORKLE and Jeanne D. McCorkle, Appellees, v. The FIRST PENNSYLVANIA BANKING AND TRUST COMPANY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 20, 1972.

Attorney(s) appearing for the Case

John C. Cooper, III, Baltimore, Md. (James N. Vaughn, Ellicott City, Md., on the brief), for appellant.

Malcolm B. Kane, Columbia, Md., for appellees.

Before SOBELOFF, Senior Circuit Judge, and CRAVEN and FIELD, Circuit Judges.

SOBELOFF, Senior Circuit Judge:

We face here an unhappy predicament: The law and the equities appear certain, yet we may not decide the case on its merits because of a technical jurisdictional deficiency. Although the appellant raised the jurisdictional question for the first time at the appellate level, we reluctantly accept its contentions. The judgment of the District Court, 321 F.Supp. 149, must be vacated and the case dismissed...

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