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HILL v. EQUITABLE TRUST CO.

No. 87-3575.

851 F.2d 691 (1988)

John T. HILL, Descomp, Inc., Data Controls North, Inc., Virgil and Marie Scott, Thomas L. and Patricia A. Ruger, and James R. Stritzinger, Appellants, v. The EQUITABLE TRUST COMPANY and Merchantile Safe Deposit & Trust Company, Appellee.

United States Court of Appeals, Third Circuit.

Submitted on Rebriefing May 6, 1988.

Decided July 14, 1988.

Rehearing and Rehearing Denied August 4, 1988.

Attorney(s) appearing for the Case

Douglas Clark Hollmann (argued), Richard I. Kovelant, Goldman, Kovelant, Kruger, Hurtt, Hollmann & Kaiser, Laurel, Md., for appellants.

Michael D. Colglazier (argued), Ty Cobb, Miles & Stockbridge, Baltimore, Md., for appellee.

Before WEIS, GREENBERG and ALDISERT, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 4, 1988.

OPINION OF THE COURT

WEIS, Circuit Judge.*

The principal issue here is whether our in banc decision in In Re: Data Access Sys. Sec. Litig., 843 F.2d 1537 (3d Cir.1988), should be applied in this appeal from a judgment based on two earlier, inconsistent panel opinions of this court. Because plaintiffs had no reasonable basis...

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