April 17, 1961
ALPERN, ATTORNEY GENERAL,
FIDELITY-PHILADELPHIA TRUST COMPANY, APPELLANT.
Appeal, No. 7, May T., 1961, from order of Court of Common Pleas of Dauphin County, Commonwealth Docket No. 104 of 1958, in case of Anne X. Alpern, Attorney General, v. Fidelity-Philadelphia Trust Company et al. Order reversed.
Ernest Scott, with him Robert L. Rubendall, Augustus S. Ballard, John G. Harkins, Jr., and Pepper, Hamilton & Scheetz, for appellant.
Jack M. Cohen, Deputy Attorney General, with him Herman H. Krekstein, Special Assistant Attorney General, and Samuel Blaskey, Special Counsel, for appellee.
Before Jones C.j., Musmanno, Jones, Bok and Eagen, JJ.
[ 403 Pa. Page 401]
OPINION BY MR. JUSTICE EAGEN.
This appeal involves a petition for payment into the State treasury, without escheat, alleged unclaimed funds now in the hands of the Fidelity-Philadelphia Trust Company of Philadelphia. Through preliminary objections, Fidelity-Philadelphia Trust Company challenged the jurisdiction of the lower court, which objections were overruled. Fidelity appealed.
The questions raised by this appeal are substantially the same as presented for decision in the case of Alpern, Attorney General, v. Girard Trust Corn Exchange Bank, 403 Pa. 391, 170 A.2d 87. For the reasons stated in the opinion disposing of that appeal, the order of the lower court in this case is reversed and the petition is dismissed.
Mr. Justice COHEN took no part in the consideration or decision of this case.
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