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MONSEN v. CONSOL. DRESSED BEEF CO., INC.

Nos. 77-1935, 77-1936 and 77-1937.

579 F.2d 793 (1978)

George R. MONSEN, Joseph J. Obermeyer, James Delgado, Joseph Cosgrove, Robert Cosgrove, and Justin Rosenstock and Eva Rosenstock as Trustees for Benjamin Rosenstock, Justin Rosenstock and Eva Rosenstock as Trustees for Renee Rosenstock, Justin Rosenstock as parent and natural guardian of Benjamin Rosenstock, Justin Rosenstock as parent and natural guardian of Eli Rosenstock, Justin Rosenstock as parent and natural guardian of Renee Rosenstock, Claudia Rosenstock and Eleanor Schwartz, Appellants in No. 77-1935, v. CONSOLIDATED DRESSED BEEF COMPANY, INC., Samuel Silverberg, Sidney Silverberg, Edward Silverberg, Michael Silverberg, Reuben Silverberg, Nathan Silverberg, Alan Silverberg and First Pennsylvania Banking and Trust Company. Appeal of Samuel SILVERBERG et al., in No. 77-1936. Appeal of FIRST PENNSYLVANIA BANK, N. A., in No. 77-1937.

United States Court of Appeals, Third Circuit.

Decided June 14, 1978.

Attorney(s) appearing for the Case

M. Melvin Shralow, Shralow & Newman, Philadelphia, Pa., for George R. Monsen, et al., appellants in 77-1935 and as cross-appellees in 77-1936, 77-1937.

Miles H. Shore, Norman R. Bradley, Saul, Ewing, Remick & Saul, Philadelphia, Pa., for First Pennsylvania Bank, appellee in 77-1935, 77-1936 and as cross-appellant in 77-1937.

Lester H. Novack, Cohen & Novack, Philadelphia, Pa., for Samuel, Sidney, Edward, Michael, Reuben and Nathan Silverberg, appellees in 77-1935 and 77-1937 and as cross-appellants in 77-1936.

Before ADAMS, VAN DUSEN, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

In these appeals we are called upon primarily to determine the propriety of imposing sanctions on a lending institution as an aider-abettor because of that institution's actions in connection with a loan to a borrower who violates the federal securities laws. We confront the perplexing dilemma of ascertaining when the legitimate business relationship between a lender and its borrower leaves the realm of propriety...

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