Legal Opinion

William R. McCorkle and Jeane D. McCorkle v. The First Pennsylvania Banking and Trust Company

Court of Appeals for the First Circuit

Decided April 20, 1972No. 71-1157PublishedCited by 56 opinions

1Opinion of the Court

SOBELOFF, Senior Circuit Judge:

We face here an unhappy predicament: The law and the equities appear certain, yet we may not decide the case on its merits because of a technical jurisdictional deficiency. Although the appellant raised the jurisdictional question for the first time at the appellate level, we reluctantly accept its contentions. The judgment of the District Court, 321 F. Supp. 149, must be vacated and the case dismissed for lack of subject-matter jurisdiction. 1

I. Facts

There is no contest concerning the facts. In October 1966, Patrick Murphy, a resident of Harford County,…

2Cases cited28 opinions

  1. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  2. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
  3. Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
  4. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
  5. Testa v. KattSupreme Court of the United States · 1947

23 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Diana Houck v. Substitute Trustee ServicesCourt of Appeals for the Fourth Circuit · 2015
  2. Nuclear Engineering Company v. William J. Scott, Illinois Ex Rel. William J. Scott v. Nuclear Engineering CompanyCourt of Appeals for the Seventh Circuit · 1981
  3. Betty B. Burgess, Individually and as Administratrix of the Estate of S. Reed Burgess, Jr., Deceased v. Charlottesville Savings and Loan AssociationCourt of Appeals for the Fourth Circuit · 1973
  4. Joseph W. Hales v. Winn-Dixie Stores, Inc.Court of Appeals for the Fourth Circuit · 1974
  5. Goldsmith v. Mayor of BaltimoreCourt of Appeals for the Fourth Circuit · 1988

51 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API