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UNITED STATES v. FIDELITY-BALTIMORE NATIONAL BANK & TRUST COMPANY

Civ. No. 9328.

166 F.Supp. 1 (1958)

UNITED STATES of America, Plaintiff, v. FIDELITY-BALTIMORE NATIONAL BANK & TRUST COMPANY, a National Banking Association, Successor in Interest to the Baltimore National Bank of Baltimore, Maryland, a National Banking Association, Defendant and Third Party Plaintiff, v. Provident Savings Bank of Baltimore, Union Trust Company of Maryland, The Equitable Trust Company, First National Bank of Baltimore, Third Party Defendants.

United States District Court D. Maryland.

October 8, 1958.

Attorney(s) appearing for the Case

Leon H. A. Pierson, U. S. Atty., and John R. Hargrove, Asst. U. S. Atty., Baltimore, Md., for plaintiff.

Robert D. Bartlett, Gordon C. Murray, Bartlett, Poe & Claggett, Baltimore, Md., for defendant & third-party plaintiff.

Bradley T. J. Mettee, Jr., and Norman P. Ramsey, Baltimore, Md., for Provident Savings Bank of Baltimore.

Hilary W. Gans, Baltimore, Md., for Union Trust Co. of Maryland.

Walter R. Tabler, Jr., and France, Rouzer, Mundy & Harris, Baltimore, Md., for The Equitable Trust Co.

William C. Holland, Baltimore, Md., for First Nat. Bank of Baltimore, third-party defendants.

THOMSEN, Chief Judge.

The four third-party defendants herein have moved for summary judgment in their favor on the ground that the claims set out in the third-party complaint are barred by the Maryland three year statute of limitations. Ann.Code of Md., 1957 ed., Art. 57, sec. 1.

On December 14, 1956, the United States, as assignee of the State of Maryland, filed this action against defendant Fidelity-Baltimore. The government's complaint alleges that a state...

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