FEDERAL DEPOSIT INSURANCE CORP. v. ALKER

Nos. 11803, 11812.

234 F.2d 113 (1956)

FEDERAL DEPOSIT INSURANCE CORPORATION, to the Use of SECRETARY OF BANKING, Receiver of Integrity Trust Company, to the Use of Butcher & Sherrerd and Fidelity-Philadelphia Trust Company, Appellants, v. Harry J. ALKER, Jr., and Mamie Du Ban, individually and as Executrix of the Estate of Alfred A. Du Ban, Deceased. FEDERAL DEPOSIT INSURANCE CORPORATION and Butcher & Sherrerd and Fidelity-Philadelphia Trust Company, Trustee, Petitioners, v. Honorable George A. WELSH and the other Judges of the United States District Court for the Eastern District of Pennsylvania.

United States Court of Appeals Third Circuit.

Submitted May 21, 1956.

Decided May 29, 1956.


Attorney(s) appearing for the Case

Richard C. Bull, John L. Cecil, Howard H. Rapp, Thomas B. K. Ringe, Allen S. Olmsted, 2d, Thomas Raeburn White, White, Williams & Scott, Morgan, Lewis & Bockius, Philadelphia, Pa., for Federal Deposit Ins. Corp. et al.

Harry J. Alker, Jr., Edwin Hall, 2d, A. D. Bruce, Francis E. Walter, Philadelphia, Pa., for Alker et al.

Before MARIS, STALEY and HASTIE, Circuit Judges.


MARIS, Circuit Judge.

The previous history of this litigation has been sufficiently related in the prior opinions of this court and need not be repeated here.1 Suffice it to say that Judge Welsh of the district court found in favor of the plaintiff on October 6, 1944, that judgment was entered on his findings by the district court on November 8, 1944, that a motion for a new trial made by the defendants on October 23, 1944 was denied by...

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