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SHERWIN v. OIL CITY NATIONAL BANK

No. 11709.

229 F.2d 835 (1956)

Louis W. SHERWIN, Appellant, v. The OIL CITY NATIONAL BANK, a National Banking Association; Paul H. Biery and George A. Breene, not individually, but as Executors under the Last Will and Testament of Harry J. Crawford, Deceased; and Citizens Banking Company of Oil City, Pennsylvania, a Corporation.

United States Court of Appeals Third Circuit.

Decided February 8, 1956.

Attorney(s) appearing for the Case

John Mulder, Chicago, Ill., Drayton Heard, Pittsburgh, Pa., for appellant.

J. Villard Frampton, Oil City, Pa. (Breene, Brewster & Breene, Frampton & Courtney, Oil City, Pa., Robert M. Dale, Franklin, Pa., on the brief), for appellees Oil City Nat. Bank and others.

McFate, McFate & McFate, William J. McFate, Benjamin G. McFate, Oil City, Pa., William W. Knox, Erie, Pa., on the brief, for appellee Citizens Banking Co. of Oil City, Pa.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.

GOODRICH, Circuit Judge.

This is an appeal from a judgment which dismissed the plaintiff's complaint demanding an accounting from the Executors of Harry J. Crawford, deceased, and charging the other defendant, Citizens Banking Company of Oil City, Pennsylvania, with participating in a breach of trust.1 The complaint was dismissed on motion of the defendants under rule 12(b) (6) Fed.R.Civ.P. 28 U. S.C. The parties are in federal court by...

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