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FENSTERMACHER v. PHILADELPHIA NATIONAL BANK

No. 72-2134.

493 F.2d 333 (1974)

R. Glen FENSTERMACHER, Appellant, v. PHILADELPHIA NATIONAL BANK and Carson Investment Company.

United States Court of Appeals, Third Circuit.

Decided February 7, 1974.

Rehearing Denied April 8, 1974.

Attorney(s) appearing for the Case

Morris R. Brooke, Drinker, Biddle & Reath, Philadelphia, Pa., for appellant.

Gregory M. Harvey, Philadelphia, Pa., for appellee Philadelphia Nat. Bank.

John P. Mason, Dechert, Price & Rhoads, Philadelphia, Pa., for appellee Carson Investment Co.

Before BIGGS, ADAMS and ROSENN, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

The controversy sub judice arose from an attempt by appellee, Philadelphia National Bank [PNB], to sell 21,600 registered shares of Fidelity National Bank of Pennsylvania held as collateral on a loan.1 In furtherance of its plan to sell the collateral, PNB sent notices soliciting bids to a list of possible purchasers, including appellant R. Glen Fenstermacher.

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