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FIDELITY TRUST CO. v. COLONIAL TRUST CO.

No. 9708.

175 F.2d 100 (1949)

FIDELITY TRUST CO. v. COLONIAL TRUST CO. OF PITTSBURGH, PA.

United States Court of Appeals Third Circuit.

Reargued March 21, 1949.

Decided May 6, 1949.

Attorney(s) appearing for the Case

C. Roscoe Hoffman, Pittsburgh, Pa. (Richard W. Ahlers, Pittsburgh, Pa., on the brief), for appellant.

Mahlon E. Lewis, Pittsburgh, Pa., for appellee.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, O'CONNELL, and KALODNER, Circuit Judges.

GOODRICH, Circuit Judge.

This appeal involves a dispute between a bank (Colonial Trust Company, appellant) which is acting for all the shareholders of a defunct national bank, and another bank (Fidelity Trust Company) which is trustee under the will of a shareholder of the defunct bank who died prior to the happening of the events here related. The issues concern the proper distribution among the shareholders of funds available after the creditors and depositors had...

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