DURKIN v. NATIONAL BANK OF OLYPHANT

No. 84-5875.

772 F.2d 55 (1985)

DURKIN, Lorraine A., Appellant, v. The NATIONAL BANK OF OLYPHANT, Check, Michael, J.; Crotti, Joseph; Friedman, Sheldon; Gentile, Fred J.; Kaplan, Saul; Rossi, Robert; Wassell, Joseph J. Zipay, Jr., Edward J.

United States Court of Appeals, Third Circuit.

Decided September 12, 1985.


Attorney(s) appearing for the Case

Andrew Hailstone (argued), Bruce L. Morgan, Henkelman, Kreder, O'Connell & Brooks, Scranton, Pa., for appellant.

Morey M. Myers (argued), William W. Warren, Jr., Gelb, Myers, Bishop & Warren, Scranton, Pa., for appellees.

Before SEITZ, HIGGINBOTHAM and SLOVITER, Circuit Judges.


OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Lorraine Durkin, a shareholder of the defendant National Bank of Olyphant and the plaintiff in this corporate suffrage case, appeals from a final order of the district court dismissing her complaint for failure to state a claim upon which relief can be granted. Because we find that the National Bank Act, 12 U.S.C. § 21 et seq., guarantees shareholders of national banks the voting...

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