STAVRIDES v. MELLON NATIONAL BANK & TRUST COMPANY

No. 73-1519.

487 F.2d 953 (1973)

Alexander STAVRIDES et al., Appellants, v. MELLON NATIONAL BANK & TRUST COMPANY et al.

United States Court of Appeals, Third Circuit.

Decided November 26, 1973.


Attorney(s) appearing for the Case

Daniel M. Berger and Michael P. Malakoff, Berger & Kapetan, James H. Joseph, Herbert G. Sheinberg and Stewart B. Barmen, Sheinberg, Raphael & Barmen, Pittsburgh, Pa., for appellants.

Alexander Black and James Russell Sweeny, Buchanan, Ingersoll, Rodewald, Kyle & Buerger, Pittsburgh, Pa., for Union National Bank.

J. Tomlinson Fort and James J. Restivo, Jr., Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for Mellon National Bank & Trust Co.

David B. Fawcett, Jr. and Daniel P. Stefko, Dickie, McCamey & Chilcote, G. Harold Blaxter, Blaxter, O'Neill, Houston & Nash, Pittsburgh, Pa., for Dollar Savings Bank.

Harold H. Goldman, Goldman & Unatin, Pittsburgh, Pa., for Franklin Federal Savings & Loan Association of Pittsburgh.

David S. Watson, Thorp, Reed & Armstrong, Pittsburgh, Pa., Judah I. Labovitz, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for Federal National Mortgage Assn.

E. D. Hollinshead, Jr., Hollinshead & Mendelson, Charles F. Hodel, Jr., Smith, Hodel & Means, Pittsburgh, Pa., for First State Savings & Loan Assn.

Alexander C. Sherrard and William M. Hoffman, Campbell, Thomas & Burke, Pittsburgh, Pa., for Pittsburgh National Bank.

Judd N. Poffinberger, Jr. and W. Walter Braham, Jr., Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., for Century Federal Savings & Loan Association of Pittsburgh, Fidelity Savings and Loan Association, and West Penn Federal Savings and Loan Association.

Edward L. Flaherty, Jr., Meyer & Flaherty, Pittsburgh, Pa., for Century Federal Savings & Loan Association of Pittsburgh.

Robert E. McMonigle, McMonigle & Vesely, Pittsburgh, Pa., for Fidelity Savings and Loan Assn.

Frank R. Bolte and Donald S. Hershman, Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, Pittsburgh, Pa., for Chartiers Valley Savings and Loan Association, Community Savings Association, Concord-Liberty Savings & Loan Association, Eureka Federal Savings and Loan Association, Fort Pitt Federal Savings and Loan Association, Friendship Federal Savings and Loan Association, Guaranty Savings and Loan Association, Home Federal Savings and Loan Association of Pittsburgh, Mt. Lebanon Federal Savings and Loan Association, Parkvale Savings Association, Regent Savings Association, Second Federal Savings and Loan Association of Pittsburgh, South Pittsburgh Savings and Loan Association, Stanton Federal Savings and Loan Association, Suburban Savings Association, Western Pennsylvania National Bank, Pittsburgh Home Savings and Loan Association, and First Federal Savings and Loan Association of Homestead.

Clarence B. Nixon, Jr., Nixon & Nixon, Pittsburgh, Pa., for Chartiers Valley Savings and Loan Association and Fort Pitt Federal Savings and Loan Association.

William H. Markus, Pittsburgh, Pa., for Concord-Liberty Savings and Loan Association and Home Federal Savings and Loan Association of Pittsburgh.

Harry E. Leas, Gault, O'Donnell & Leas, Pittsburgh, Pa., for Eureka Federal Savings and Loan Association.

John A. Virostek, Pittsburgh, Pa., for First Federal Savings & Loan Association of Homestead.

C. John Tillman, Hirsch, Weise & Tillman, Pittsburgh, Pa., for Friendship Federal Savings and Loan Association.

Carmen R. Capone, Evashwick, Brieger & Capone, Pittsburgh, Pa., for Guaranty Savings and Loan Association.

C. Bryson Schreiner, Pittsburgh, Pa., for Mt. Lebanon Federal Savings and Loan Association.

John R. McCaw, Alter, Wright & Barron, Pittsburgh, Pa., for Suburban Savings Association.

Before VAN DUSEN, HUNTER and GARTH, Circuit Judges.


OPINION OF THE COURT

PER CURIAM:

The issue presented by this appeal from a January 4, 1973, district court order, 353 F.Supp. 1072, entering judgment dismissing Counts Fourth through Ninth of the First Amended Substituted Complaint, is the validity of that portion of such order holding that the Fifth Count failed to state a claim upon which relief can be granted.

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