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ESPOSITO v. EMERY

No. 16671.

402 F.2d 878 (1968)

Dominic A. ESPOSITO, Guardian of the Estate of David J. McClintock, Jr., a minor, Appellant, v. Ralph EMERY and Cecil Spencer.

United States Court of Appeals Third Circuit.

Argued April 16, 1968.

Decided October 2, 1968.

Attorney(s) appearing for the Case

Bennett G. Picker, Tate & Ervin, Philadelphia, Pa., for appellant.

Francis E. Marshall, Marshall, Dennehey & Warner, Philadelphia, Pa. (Harold S. O'Brian, Jr., Philadelphia, Pa. on the brief), for appellee.

William B. Freilich, LaBrum & Doak, Philadelphia, Pa. (Edward C. German, James M. Marsh, Philadelphia, Pa., on the brief), for amicus curiae.

Before HASTIE, Chief Judge, BIGGS, McLAUGHLIN, KALODNER, FREEDMAN, SEITZ and VAN DUSEN, Circuit Judges.

Submitted Feb. 21, 1968

Before BIGGS, KALODNER and FREEDMAN, Circuit Judges.

Argued en banc April 16, 1968

Before HASTIE, Chief Judge, BIGGS, McLAUGHLIN, KALODNER, FREEDMAN, SEITZ and VAN DUSEN,* Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge:

After submission to a panel we ordered this appeal to be argued before the court en banc with McSparran v. Weist, 402 F.2d...

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