AUERBACH v. CORN EXCHANGE NAT. BANK & TRUST CO.

No. 8640.

148 F.2d 709 (1945)

AUERBACH v. CORN EXCHANGE NAT. BANK & TRUST CO., PHILADELPHIA.

Circuit Court of Appeals, Third Circuit.

Decided March 8, 1945.


Attorney(s) appearing for the Case

Edward N. Polisher, of Philadelphia, Pa., for appellant.

S. Dee Hanson, of Washington, D. C. and Henry S. Drinker, of Philadelphia, Pa. (John E. Walsh, Albert M. Hoyt, Jr., and Philip Wallis, of Philadelphia, Pa., on the brief), for respondent.

Before GOODRICH and McLAUGHLIN, Circuit Judges, and FAKE, District Judge.


GOODRICH, Circuit Judge.

This action, brought to recover the value of certain securities, involves the application of the Pennsylvania deficiency judgment statute. The litigation is in federal court solely because of diversity of citizenship of the litigants. All the legally operative facts occurred in Pennsylvania. Local decisions control so far as applicable. Erie Railroad Co. v. Tompkins, 1938, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed...

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