KUSNER v. FIRST PENNSYLVANIA CORP.

No. 75-1629.

531 F.2d 1234 (1976)

David B. KUSNER, Appellant, v. FIRST PENNSYLVANIA CORPORATION et al.

United States Court of Appeals, Third Circuit.

Decided March 15, 1976.


Attorney(s) appearing for the Case

Mitchell A. Kramer, Steven Kapustin, Kramer & Salus, Philadelphia, Pa., for appellant.

Edward F. Mannino, Philadelphia, Pa., for appellees, First Pennsylvania Corp., First Pennsylvania Bank N.A., Associated Mortgage Companies, Inc., Associated Advisors, Inc., John R. Bunting, Philip Zinman, and Ralph W. Ervin; Dilworth, Paxson, Kalish & Levy, Philadelphia, Pa., of counsel.

Henry T. Reath, Jane D. Elliott, Philadelphia, Pa., for appellees, Edmund N. Bacon, Richard W. Baker, Jr., M. Todd Cooke, and Kenneth S. Sweet, Jr.; Duane, Morris & Heckscher, Philadelphia, Pa., of counsel.

Robert S. Ryan, Philadelphia, Pa.; Drinker, Biddle & Reath, Philadelphia, Pa., of counsel.

Thomas V. Urmy, Jr., Boston, Mass., for appellee, First Pennsylvania Mortgage Trust; Warner & Stackpole, Boston, Mass., of counsel.

Before HASTIE, GIBBONS and ROSENN, Circuit Judges.


OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is an appeal from part of an order dismissing a complaint on the ground that the plaintiff lacks standing to assert the claims alleged in any of the four counts. Plaintiff-appellant is David B. Kusner, the holder of eighteen convertible debentures and warrants to purchase shares of the First Pennsylvania Mortgage Trust (the Trust), a Massachusetts business trust organized under the sponsorship of First Pennsylvania...

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