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PACKARD v. PROVIDENT NAT. BANK

No. 92-1753.

994 F.2d 1039 (1993)

Parker W. PACKARD; John B. Upp, Individually and on behalf of all others similarly situated, John B. Upp, Appellee, v. PROVIDENT NATIONAL BANK; Mellon Bank (EAST), N.A., Individually and on behalf of all others similarly situated, Mellon Bank, N.A., Appellant, Pennsylvania Bankers Association; Probate and Trust Law Section of the Allegheny County Bar Association; American Bankers Association; Association of Bank Holding Companies; and Independent Bankers Association of America, Amicus-Appellant.

United States Court of Appeals, Third Circuit.

Decided May 18, 1993.

Sur Petition for Rehearing June 18, 1993.

Attorney(s) appearing for the Case

W. Thomas McGough, Jr. (Argued), Walter T. McGough, Gregory B. Jordan, Perry A. Napolitano, Reed, Smith, Shaw & McClay, Pittsburgh, PA, for appellant Mellon Bank, N.A.

C. Oliver Burt, III (Argued), Brenda M. Nelson, Robin Resnick, Mark C. Rifkin, Miles B. Rittmaster, Greenfield & Chimicles, Haverford, PA, for appellee John B. Upp.

Louise A. Rynd, Pennsylvania Bankers Ass'n, Harrisburg, PA, for amicus-appellant Pennsylvania Bankers Ass'n.

John F. Meck, Houston, Houston & Donnelly, Pittsburgh, PA, for amicus-appellant Allegheny County Bar Ass'n.

John J. Gill, Michael F. Crotty, American Bankers Ass'n Washington, DC, for amicus-appellant American Bankers Ass'n.

Richard M. Whiting, Association of Bank Holding Companies, Washington, DC, for amicus-appellant Association of Bank Holding Companies.

Leonard J. Rubin, Bracewell & Patterson, Washington, DC, for amicus-appellant Independent Bankers Assoc. of America.

Before: SLOVITER, Chief Judge, COWEN and NYGAARD, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Mellon Bank appeals from a final judgment of the district court holding certain of its trust fees unreasonable, ordering restitution of those fees to a class of trust beneficiaries and awarding punitive damages to the class representative. Because it is evident to a legal certainty that the requisite amount in controversy for diversity jurisdiction was never recoverable, the district court lacked subject matter...

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