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UPPER DARBY NATIONAL BANK v. MYERS. (06/25/56)

June 25, 1956

UPPER DARBY NATIONAL BANK, APPELLANT,
v.
MYERS.



Appeal, No. 13, May T., 1956, from order of Banking Board of Pennsylvania, October 19, 1955, in case of Upper Darby National Bank v. Robert L. Myers, Jr., Henry E. Harner, Banking Board of Pennsylvania and Fidelity-Philadelphia Trust Company. Order affirmed.

COUNSEL

Arthur H. Hull, with him Thomas J. Reilly, Robert L. Rubendall, Reilly & Pearce and Hull, Leiby & Metzger, for appellant.

Frederic G. Antoun, Deputy Attorney General, with him Edward L. Springer, Deputy Attorney General and Herbert B. Cohen, Attorney General, for appellee.

Ernest Scott, with him Augustus S. Ballard and Pepper, Bodine, Frick, Scheetz & Hamilton, for Fidelity-Philadelphia Trust Company, appellee.

Before Stern, C.j., Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Bell

[ 386 Pa. Page 13]

OPINION BY MR. JUSTICE BELL

Fidelity-Philadelphia Trust Company, whose principal place of business is in the City of Philadelphia, acquired a branch office at 242 West Baltimore Pike, Clifton Heights, as a result of a merger with the Clifton Heights National Bank on February 8, 1954. This branch office is within the limits of Clifton Heights Borough which is located in Delaware County, which in turn is contiguous to Philadelphia County.

Fidelity-Philadelphia Trust Company filed with the Department of State on September 7, 1955 an amendment to its Articles of Incorporation changing the location of its branch office at 242 West Baltimore Pike to premises known as Oak Park Shopping Center, which is two-tenths of a mile away and which is situated on the south side of West Baltimore Pike.

[ 386 Pa. Page 14]

The proposed new location while directly across Baltimore Pike from the present location is a change of location from Clifton Heights Borough to Upper Darby Township, both of which are in Delaware County. Upper Darby Township is a large irregular township which surrounds on three sides the much smaller Borough of Clifton Heights.

The Department of Banking made a very careful study of the proposed application and approved it. The Department of Banking then forwarded, as required by law, the proposed Amendment to the Banking Board for approval or disapproval. The Banking Board, after careful consideration of the evidence, briefs, exhibits and arguments approved the proposed change of the branch office to Oak Park Shopping Center.

The Banking Board made inter alia the following material findings of fact:

"The Borough of Clifton Heights and the portion of Upper Darby Township, including the Oak Park Shopping Center have common residential, social, ...


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