ZEFFIRO v. FIRST PENNSYLVANIA BANKING & TRUST

No. 79-2259.

623 F.2d 290 (1980)

ZEFFIRO, Jay A., Individually and on behalf of all other persons similarly situated v. FIRST PENNSYLVANIA BANKING AND TRUST COMPANY, a Pennsylvania Corporation. SMITH, Isabella G., Bernard, Harry M., Jr., on behalf of themselves and all others similarly situated v. FIRST PENNSYLVANIA BANK, N. A., Capital First Corporation, First Pennsylvania Bank N. A., Appellants.

United States Court of Appeals, Third Circuit.

Decided May 29, 1980.


Attorney(s) appearing for the Case

Edward F. Mannino (argued), Mark J. Levin, Dilworth, Paxson, Kalish, Levy & Kauffman, Philadelphia, Pa., for appellant, First Pennsylvania Bank N. A.

Michael P. Malakoff (argued), Richard A. Finberg, Berger, Kapetan, Malakoff & Meyers, Pittsburgh, Pa., Joseph W. Anthony, Larkin, Hoffman, Daly & Lindgren, Ltd., Minneapolis, Minn., Abraham C. Reich, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for plaintiffs-appellees, Jay A. Zeffiro and Harry M. Bernard, Jr.

Ralph C. Ferrara, Gen. Counsel, Jacob H. Stillman (argued), Associate Gen. Counsel, Elisse B. Walter, Asst. Gen. Counsel, Robert J. Mills, Atty., Securities and Exchange Commission, Washington, D. C., amicus curiae.

Before ROSENN and HIGGINBOTHAM, Circuit Judges and LAYTON, District Judge.


OPINION OF THE COURT

ROSENN, Circuit Judge.

The Trust Indenture Act of 1939, 15 U.S.C. § 77aaa et seq., regulates the terms of the agreement between debenture holders and the indenture trustee. This appeal presents to a United States Court of Appeals for the first time the question of whether the Act provides an injured investor with a cause of action in federal court against a trustee for breach of the agreement. We conclude, as did the district...

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