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FIRST NATIONAL BANK OF EMLENTON, PA. v. UNITED STATES

No. 12701.

265 F.2d 297 (1959)

FIRST NATIONAL BANK OF EMLENTON, PENNSYLVANIA, Appellant, v. UNITED STATES.

United States Court of Appeals Third Circuit.

Decided March 18, 1959.

Attorney(s) appearing for the Case

William J. McFate, Oil City, Pa. (McFate, McFate & McFate, Oil City, Pa., on the brief), for appellant.

George F. Lynch, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, Fred E. Youngman, Attorneys, Department of Justice, Washington, D. C., Hubert I. Teitelbaum, U. S. Atty., John R. Gavin, Asst. U. S. Atty., Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

This is an action in personam by the appellant, First National Bank of Emlenton, against the United States demanding that a money judgment be entered against the sovereign. The district court dismissed the suit for want of jurisdiction, expressing the opinion that the plaintiff had misconceived its remedy, bringing an unauthorized suit against the United States rather than the normally appropriate personal...

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