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CAPOBIANCO v. FIRST NATIONAL BANK OF PALMERTON

Civ. No. 74-99.

380 F.Supp. 155 (1974)

Anna T. CAPOBIANCO et al., Plaintiffs, v. The FIRST NATIONAL BANK OF PALMERTON et al., Defendants.

United States District Court, M. D. Pennsylvania.

August 20, 1974.

Attorney(s) appearing for the Case

James J. McCabe, Jr., Robert L. Pratter, Duane, Morris & Heckscher, Philadelphia, Pa., William E. Nichols, Jr., Williamsport, Pa., for plaintiffs.

Edward C. German, Lewis Weinstock, Philadelphia, Pa., Abe H. Frumkin, Pottsville, Pa., Roger N. Nanovic, Jim Thorpe, Pa., for defendants.

OPINION

MUIR, District Judge.

Introduction.

This case involves a controversy between several groups of shareholders to control the board of a national bank.

Three questions are presented for decision: (1) Was there compliance with the section of the Bank's by-laws which provided that a shareholder nominating a director for election to the Board state "the total number of shares of capital stock of the Bank that will be voted for each proposed...

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