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RIVERSIDE MEMORIAL MAUSOLEUM, INC. v. UMET TRUST

Civ. A. No. 75-1079.

434 F.Supp. 58 (1977)

RIVERSIDE MEMORIAL MAUSOLEUM, INC. t/a Delaware Valley Memorial Center, L. Blumberg's Son, Inc. and Helen Rothchild Blumberg v. UMET TRUST, an Unincorporated California Business Trust and Sonnenblick-Goldman Corp.

United States District Court, E. D. Pennsylvania.

July 11, 1977.

Attorney(s) appearing for the Case

Lawrence G. Sager, New York City, Lester H. Novack, Philadelphia, Pa., Lawrence G. Sager, New York City, for plaintiffs.

Nathan B. Feinstein, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., for Umet Trust.

Jon A. Baughman, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for Sonnenblick-Goldman.

OPINION

JOSEPH S. LORD, III, Chief Judge.

In our order and opinion of February 27, 1976, we entered summary judgment for defendants on the ground of res judicata. The Third Circuit vacated that judgment, holding that we failed to determine whether diversity jurisdiction exists. Riverside Memorial Mausoleum, Inc. v. Umet Trust, 549 F.2d 796 (3d Cir. 1977).

The issue before us now is whether a real estate investment trust (REIT) should be treated...

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