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MINICHELLO v. SAXON

Civ. A. No. 7591.

266 F.Supp. 279 (1967)

Albert J. MINICHELLO et al., Plaintiffs, v. James J. SAXON, Comptroller of Currency for the United States of America et al., Defendants.

United States District Court M. D. Pennsylvania.

April 7, 1967.

Attorney(s) appearing for the Case

Arthur D. Dalessandro, Wilkes-Barre, Pa., Joseph J. Ustynoski, Hazleton, Pa., Anthony C. Falvello, Hazleton, Pa., for plaintiffs.

Richard S. Beatty, Office of Comptroller of Currency, Washington, D. C., Bernard J. Brown, U. S. Atty., Scranton, Pa., Thomas F. Gill, Wilkes-Barre, Pa., Charles A. Shea, Jr., Wilkes-Barre, Pa., for defendants.

FOLLMER, District Judge.

MEMORANDUM

This derivative stockholders' action is presently before this Court on Mandate from the Court of Appeals, 3 Cir., 337 F.2d 75. In accordance with the Mandate, this Court by Order of July 14, 1965, reinstated the Comptroller as a party defendant and also reinstated the Complaint as to all defendants.

The Court of Appeals, in further disagreement with this Court, concluded that the...

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