Durnin v. Allentown Federal Savings and Loan Ass'n.

FREEDMAN, District Judge.

This is a motion to dismiss under Rule 12(b) on the ground that the complaint fails to state a claim upon which relief can be granted. An affidavit in support of the motion was filed after the argument and we shall therefore treat the motion as one for summary judgment under Rule 56(b).

The action was instituted in the Court of Common Pleas of Lehigh County and was then removed by the defendant to this court.

The defendant is a federal savings and loan association, incorporated under § 5 of The Home Owners Loan Act of 1933, as amended (12 U.S.C.A. § 1464), and maintains…