BERKSHIRE LAND CO. v. FEDERAL SECURITY CO.

No. 10537.

199 F.2d 438 (1952)

BERKSHIRE LAND CO. v. FEDERAL SECURITY CO.

United States Court of Appeals Third Circuit.

Reargued September 8, 1952.

Decided October 17, 1952.


Attorney(s) appearing for the Case

Grover C. Ladner, Philadelphia, Pa. (Alexander J. Barron, Alter, Wright & Barron, Pittsburgh, Pa., John R. Young, P. Nicholson Wood, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., on the brief), for petitioner.

John E. Laughlin, Jr., Pittsburgh, Pa. (Joseph E. Madva, Thorp, Reed & Armstrong, Pittsburgh, Pa., on the brief), for respondent.

Before BIGGS, Chief Judge, KALODNER, Circuit Judge, and STEWART, District Judge.


BIGGS, Chief Judge.

The plaintiff, Berkshire Land Company, a Pennsylvania corporation, by its complaint filed May 13, 1949, against the defendant, Federal Security Company, a Delaware corporation, seeks to have satisfied of record a mortgage which became due September 19, 1916 and an adjudication that the debt for which the mortgage was security has been paid. The amount of the mortgage was $200,000 and jurisdiction is based upon diversity of citizenship. The complaint...

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