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O'DONOHUE v. FIRST NATIONAL BANK OF PHILADELPHIA

Civ. A. 15341.

166 F.Supp. 233 (1958)

Joseph J. O'DONOHUE, IV, Plaintiff, v. The FIRST NATIONAL BANK OF PHILADELPHIA, individually and/or trustee, etc., Defendant and Counterclaimant for Interpleader, Louis G. Cohen and Magbeth D. Cohen, Joseph Hoffman and Freda Hoffman, Julian R. Wilheim and Lois E. Wilheim, Claimants, Additional Defendants. United States of America, Intervenor.

United States District Court E. D. Pennsylvania.

September 25, 1958.

Attorney(s) appearing for the Case

William L. Matz, Philadelphia, Pa., and Newell Clapp, Washington, D. C., for plaintiff.

William Barclay Lex, and John Norris, Philadelphia, Pa., for Bank.

Robert K. Greenfield, Philadelphia, Pa., for Cohens.

Julian R. Wilheim, Washington, D. C., and Harry Norman Ball, Philadelphia, Pa., for Wilheims.

Arthur R. Littleton, Asst. U. S. Atty., Philadelphia, Pa., for the United States.

VAN DUSEN, District Judge.

I. History of The Case and Statements of Facts

On June 5, 1953, Joseph J. O'Donohue, IV, instituted this action against The First National Bank of Philadelphia (now The First Pennsylvania Banking and Trust Company), hereinafter called the "bank," individually and as trustee under a Trust Deed dated 4/15/48, alleging that payments made by the bank, claimed to be under the terms of certain

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