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BENEDICTINE SOC. v. NATIONAL CITY BANK OF NEW YORK

No. 7121.

109 F.2d 679 (1940)

BENEDICTINE SOC. v. NATIONAL CITY BANK OF NEW YORK.

Circuit Court of Appeals, Third Circuit.

January 20, 1940.

Attorney(s) appearing for the Case

Edward P. Doran, and Vincent E. Williams, both of Greensburg, Pa., for appellant.

Elder W. Marshall, Thomas W. Pomeroy, Jr., and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa., and Andrew Kirkpatrick, and Shearman & Sterling, all of New York City, for appellee.

Before MARIS, CLARK, and BIDDLE, Circuit Judges.

CLARK, Circuit Judge.

This is an unusual case. In fact, so unusual that the form our opinion should take has been embarrassing to us. We wish that our adversary system had made some provision for advisory judgments. It is certainly on that basis that this defendant-appellant is now before us. We are sure that this ancient and sacred religious Order subscribes to the words of a justice of the Supreme Court of the State of Virginia in dissenting from a rather technical...

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