GREENWOOD v. GREENWOOD

No. 11952.

234 F.2d 276 (1956)

Spencer S. GREENWOOD, John H. Greenwood, Henry B. Greenwood, Lucille L. Maddox and John F. Greenwood, Appellants, v. Benjamin GREENWOOD, William Davis and Fidelity-Philadelphia Trust Company.

United States Court of Appeals Third Circuit.

Decided June 1, 1956.


Attorney(s) appearing for the Case

John V. Lovitt and Beechwood & Lovitt, Philadelphia, Pa., for appellants.

M. H. Goldstein and Goldstein & Barkan, Philadelphia, Pa., for appellees.

Before BIGGS, Chief Judge, and McLAUGHLIN and STALEY, Circuit Judges.


BIGGS, Chief Judge.

This case, not one triable of right by a jury, was tried with an advisory jury pursuant to Rule 39(c), F.R.C.P., 28 U.S. C. The findings of the jury, which were made upon interrogatories submitted by the trial court, were adopted by the court pursuant to Rule 52(a). The answers of the advisory jury to the interrogatories were against the plaintiffs. On January 29, 1954 the trial court entered judgment in favor of the defendants, specifically basing...

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