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MELLON BANK CORP. v. FIRST UNION REAL ESTATE

Nos. 90-3712, 90-3790.

951 F.2d 1399 (1991)

MELLON BANK CORPORATION and Mellon Bank, N.A., Appellants in No. 90-3712, v. FIRST UNION REAL ESTATE EQUITY AND MORTGAGE INVESTMENTS, Appellants in No. 90-3790.

United States Court of Appeals, Third Circuit.

Decided December 19, 1991.

Attorney(s) appearing for the Case

Paul A. Manion (argued), Martha J. Greer, Manion McDonough & Lucas, Pittsburgh, Pa., for Mellon Bank Corp. and Mellon Bank, N.A.

Kenneth S. Mroz, Dickie, McCamey & Chilcote, Pittsburgh, Pa., James T. Crowley (argued), Virginia S. Brown, Thompson, Hine & Flory, Cleveland, Ohio, for First Union Real Estate Equity and Mortg. Investments.

Before HUTCHINSON and COWEN, Circuit Judges, and O'NEILL, District Judge.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

I.

These consolidated appeals arise out of a diversity action, controlled by Pennsylvania law, that was removed from the Court of Common Pleas of Allegheny County, Pennsylvania, to the United States District Court for the Western District of Pennsylvania. At Docket No. 90-3712, Mellon Bank Corporation (Mellon) appeals from a final order of the district court...

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