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GIBSON v. SECURITY TRUST CO.

Civ. A. No. 586-W.

107 F.Supp. 766 (1952)

GIBSON et al. v. SECURITY TRUST CO. et al.

United States District Court N. D. West Virginia.

October 3, 1952.

Attorney(s) appearing for the Case

Gilbert S. Bachmann, of Wheeling, W. Va., and Hamilton, Denniston, Butler & Riddick, of Mobile, Ala., for plaintiffs.

Paul, Petroplus & Bailey and D. Paul Camilletti, of Wheeling, W. Va., for defendant Security Trust Co.

James G. McClure and Frank A. O'Brien, of Wheeling, W. Va., for defendants Ervin and Ruth Fuhr.

WILKIN, District Judge by designation.

This case was submitted on the pleadings and the motion of the defendant, Security Trust Company, to dismiss. The motion to dismiss was joined in at time of hearing by the other defendants Fuhr. The motion assigned nine grounds for dismissal. The first ground is the only one that needs to be considered. It stated that the facts and allegations and exhibits of the complaint failed to establish a justiciable controversy, and are...

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