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KOSTER v. TURCHI

No. 9707.

173 F.2d 605 (1949)

KOSTER et al. v. TURCHI et al.

United States Court of Appeals Third Circuit.

Decided February 24, 1949.

Attorney(s) appearing for the Case

Thomas I. Guerin, of Philadelphia, Pa., for appellants.

Joseph P. Gaffney, of Philadelphia, Pa., and Francis X. Riley, of Washington, D. C. (Ed Dupree, General Counsel, Hugo V. Prucha, Asst. General Counsel, Nathan Siegel and Daniel Davies, Sp. Litigation Attys., all of Washington, D. C., on the brief), for appellees.

Before BIGGS, Chief Judge, and McLAUGHLIN and KALODNER, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This is an appeal from the judgment of the court below which on motion had dismissed the complaint for want of jurisdiction.

Appellants are tenants of the City of Philadelphia as trustee under the will of Stephen Girard, and they occupy houses in the Girard Estate, a tract in Philadelphia owned by the City as such trustee. There are approximately 481 dwelling houses on the tract, and this action was brought not only on behalf of...

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