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SECURITY-PEOPLES TRUST COMPANY v. GILMARTIN

Civ. A. No. 55-65 Erie.

267 F.Supp. 31 (1965)

SECURITY-PEOPLES TRUST COMPANY, a corporation, Plaintiff, v. John GILMARTIN and Harold D. Caldwell, Individually and as Trustees and/or co-partners, Defendants, and Ray Rumball, Garnishee.

United States District Court W. D. Pennsylvania.

July 29, 1965.

Attorney(s) appearing for the Case

MacDonald, Illig, Jones & Britton, Esqs., Erie, Pa., for plaintiff.

Stephen E. Jones, Erie, Pa., for Erie Port Commission.

Wendell R. Good, Erie, Pa., for Sheriff of Erie County, Pa.

Lord, Bissell & Brook, Chicago, Ill., Marsh, Spaeder, Baur, Spaeder & Schaaf, Erie, Pa., for defendant Caldwell.

OPINION

WEBER, District Judge.

In this action plaintiff claims breach of contract of sale whereby plaintiff was to convey a vessel known as the S.S. North American in exchange for certain lands in Tennessee. Plaintiff alleges a defect of title in the lands conveyed. Defendants are non-residents of Pennsylvania and the action was commenced by the filing in the State Court of a Writ of Foreign Attachment under the Pa.R. Civ.P. 1251 et seq. (12 P.S. Appendix...

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