VON MAILATH v. ORDER OF DAUGHTERS, ETC.

Civ. A. No. 8542.

117 F.Supp. 93 (1953)

VON MAILATH et ux. v. ORDER OF DAUGHTERS OF THE DIVINE REDEEMER.

United States District Court, W. D. Pennsylvania.

December 18, 1953.


Attorney(s) appearing for the Case

Thomas W. Pomeroy, Kirkpatrick, Pomeroy, Lockhart & Johnson, Pittsburgh, Pa., for plaintiffs.

William H. Eckert, Smith, Buchanan, Ingersoll, Rodewald & Eckert, Pittsburgh, Pa., for defendant.


GOURLEY, Chief Judge.

This is an action to recover $25,259 plus interest from a nonprofit charitable Pennsylvania Corporation on an instrument executed in Budapest, Hungary, on October 9, 1939.

This matter relates to a motion for summary judgment. Rule 56(b), Rules of Civil Procedure, 28 U.S.C.A.

A motion for summary judgment should not be granted if there is an issue presented as to the existence of any material fact, Sarnoff v. Ciaglia, 3 Cir., ...

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