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GIRARD TRUST CO., Trustee, v. PA. R.R. CO.

364 Pa. 576 (1950)

Girard Trust Company, Trustee, Appellant, v. Pennsylvania Railroad Company.

Supreme Court of Pennsylvania.

May 22, 1950.

Attorney(s) appearing for the Case

Boyd Lee Spahr, with him Knox Henderson and Ballard, Spahr, Andrews & Ingersoll, for appellants.

Charles Myers, with him Robert M. Landis and Barnes, Dechert, Price, Myers & Clark, for appellees.

Thomas P. Mikell, with him Edward M. David, Maurice Bower Saul and Saul, Ewing, Remick & Saul, for Corporate Fiduciaries Association of Philadelphia, amicus curiae.

Harry F. Stambaugh, Special Deputy Attorney General, with him T. McKeen Chidsey, Attorney General, for Commonwealth.

Before DREW, C.J., STERN, STEARNE, JONES and BELL, JJ.

OPINION PER CURIAM, May 22, 1950:

The Act of May 23, 1949, P.L. 1692, is so incomplete, conflicting and inconsistent in its various provisions and so unsusceptible of rational interpretation as a whole as to be incapable of judicial enforcement: cf. Willcox v. Penn Mutual Life Insurance Co., 357 Pa. 581, 601, 55 A.2d 521. In addition thereto, the Act offends against both the Federal and State Constitutions by attempting...

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