CENTRAL-PENN NAT. BANK OF PHILADELPHIA v. PORTNER

No. 10802.

201 F.2d 607 (1953)

CENTRAL-PENN NAT. BANK OF PHILADELPHIA v. PORTNER.

United States Court of Appeals Third Circuit.

Decided February 9, 1953.


Attorney(s) appearing for the Case

Thomas Raeburn White and Joseph W. Henderson, Philadelphia, Pa. (W. Wilson White, Ira Jewell Williams, Jr. and Ira Jewell Williams, on the brief), for appellant.

Harry Norman Ball, Philadelphia, Pa. (Joseph A. Ball and Morris L. Weisberg, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and STALEY, Circuit Judges.


BIGGS, Chief Judge.

The complaint recites the following allegations, which, since the complaint was dismissed as insufficient in law, must be taken to be true.

The plaintiff, Central-Penn National Bank of Philadelphia, a national banking association, on November 29, 1951, entered into a written agreement of consolidation with the City National Bank of Philadelphia under the charter and title of the plaintiff. See 12 U.S.C.A. §§ 33-34a. The execution...

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