Benedictine Soc. v. National City Bank of New York

CLARK, Circuit Judge.

This is an unusual case. In fact, so unusual that the form our opinion should take has been embarrassing to' us. We wish that our adversary system had made some provision for advisory judgments. It is certainly on that basis that this defendant-appellant is now before us. We are sure that this ancient and sacred religious Order subscribes to the words of a justice of the Supreme Court of the State of Virginia in dissenting from a rather technical decision of his colleagues: “Zehm knew, the people generally know, and the lawmakers, legislators, and courts know, that…