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ZEFFIRO v. FIRST PA. BANKING AND TRUST CO.

Civ. A. Nos. 78-3294, 78-4316.

473 F.Supp. 201 (1979)

Jay A. ZEFFIRO, Individually and on behalf of all other persons similarly situated, v. FIRST PENNSYLVANIA BANKING AND TRUST COMPANY. Harry M. BERNARD, Jr., on behalf of himself and all others similarly situated, v. FIRST PENNSYLVANIA BANK, N. A., and Capital First Corporation.

United States District Court, E. D. Pennsylvania.

June 28, 1979.

Attorney(s) appearing for the Case

Richard A. Finberg, Michael P. Malakoff, Pittsburgh, Pa., James P. Larkin, Minneapolis, Minn., Abraham C. Reich, Philadelphia, Pa., for plaintiffs.

Edward F. Mannino, Philadelphia, Pa., for defendants.

MEMORANDUM AND ORDER

BECHTLE, District Judge.

Presently before the Court are the motions of the defendant First Pennsylvania Bank, N.A.1 ("First Pennsylvania"), to dismiss for lack of subject matter jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1), and to dismiss for failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons stated below, the motions will be denied.

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