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MINICHELLO v. CAMP

No. 16669.

394 F.2d 715 (1968)

Albert J. MINICHELLO, Nicholas Mauriello, on a derivative action on behalf of themselves and on behalf of other stockholders of the First National Bank of Exeter similarly situated, incorrectly described in the summons and complaint as Albert J. Minichello, Nicholas Mauriello, and Ygnatz Yuchnis, Appellants, v. William B. CAMP, Comptroller of Currency for the United States of America, First National Bank of Exeter, Wyoming National Bank of Wilkes-Barre, August J. Lippi, Ettore Lippi, John Lippi, John B. Campbell, George Maffei, and Harold Reich.

United States Court of Appeals Third Circuit.

Decided May 9, 1968.

Attorney(s) appearing for the Case

Anthony C. Falvello, Falvello, Ustynoski, Giuliani & Bernstein, Hazelton, Pa. (Joseph J. Ustynoski, Hazelton, Pa., Arthur D. Dalessandro, Wilkes-Barre, Pa., on the brief), for appellants.

Bernard J. Brown, U. S. Atty., Scranton, Pa., for appellees.

Before BIGGS, McLAUGHLIN and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

The appellants Minichello and Mauriello appeal from a judgment of the court below entered in favor of all of the appellees. The relevant facts are fully stated in Minichello v. Saxon, 337 F.2d 75 (3 Cir. 1964). Therefore only the following need be set out here. On or about January 29, 1962, a defalcation of approximately $200,000 was discovered at the First National Bank of Exeter. On February...

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