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COMMONWEALTH OF PENNSYLVANIA v. BROWN

No. 16721.

392 F.2d 120 (1968)

COMMONWEALTH OF PENNSYLVANIA, Attorney General of the Commonwealth of Pennsylvania, City of Philadelphia and Alan Levi Bond, by his mother, Mrs. Ruby Bond, Charles William Hicks and Theodore Lewis Hicks, by their mother, Mrs. Marie Hicks, James Scruggs and Henry Scruggs, by their mother, Mrs. Ardella Scruggs, Tyrone Karl White and Terry Sherwood White, by their mother, Mrs. Charlotte L. White, on behalf of themselves and all others similarly situated, v. Revelle W. BROWN et al., Trustees of the Estate of Stephen Girard, Appellants.

United States Court of Appeals Third Circuit.

Decided March 7, 1968.

Certiorari Denied May 20, 1968.

Attorney(s) appearing for the Case

Ernest R. von Starck, Morgan, Lewis & Bockius, Gaffney & Gaffney, Philadelphia, Pa. (Arthur Littleton, John Russell, Jr., Richard P. Brown, Jr., Philadelphia, Pa., on the brief), for appellants.

William T. Coleman, Jr., Charles J. Biddle, Philadelphia, Pa. (Dilworth, Paxson, Kalish, Kohn & Levy, Robert W. Maris, Drinker, Biddle & Reath, J. Alan Kugle, Henry S. Hilles, Jr., Philadelphia, Pa., on the brief), for appelles other than the City of Philadelphia.

Matthew W. Bullock, Jr., Second Deputy City Solicitor, Edward G. Bauer, Jr., City Solicitor on the brief, for appellee, City of Philadelphia.

Before STALEY, Chief Judge, and McLAUGHLIN, KALODNER, SEITZ and VAN DUSEN, Circuit Judges.

Certiorari Denied May 20, 1968. See 88 S.Ct. 1811.

OPINION OF THE COURT

GERALD McLAUGHLIN, Circuit Judge.

The problem here arises from the will of Stephen Girard, a Philadelphia, Pennsylvania resident who died in 1831. In his will, dated 1830, he laid lown his fundamental thesis that he had "been for a long time impressed with the importance of educating the poor, and of placing them by the early cultivation of their minds and the development of...

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