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RENDER v. FEDERATION CREDIT UNION LOCAL NO. 89 (06/04/63)

June 4, 1963

RENDER
v.
FEDERATION CREDIT UNION LOCAL NO. 89, APPELLANT.



Appeal, No. 306, Jan. T., 1962, from decree of Court of Common Pleas No. 4 of Philadelphia County, Dec. T., 1958, No. 2926, in case of Hubert P. Render, Joseph D. Kennedy and William H. Nolan v. Federation Credit Union Local No. 89, N.F.P.O.C., and Adolph A. Neubauer, John J. Driscoll et al. Decree affirmed; reargument refused August 6, 1963.

COUNSEL

Stanley M. Greenberg, with him Edwin E. Naythons, Leonard M. Sagot, and Ochman & Greenberg, for appellants.

Edward Davis, for appellees.

Frederic G. Antoun, Deputy Attorney General, and David Stahl, Attorney General, for Secretary of Banking, Commonwealth of Pennsylvania, amicus curiae.

Floyd W. Tompkins, with him James A. Peace, and Tompkins & Peace, for Pennsylvania Credit Union League, under Rule 65.

Before Bell, C.j., Musmanno, Cohen, Eagen, O'brien and Roberts, JJ.

Author: Cohen

[ 411 Pa. Page 626]

OPINION BY MR. JUSTICE COHEN

In this action the chancellor, as a member of the court en banc, joined in sustaining exceptions to his adjudication. The decree of the court en banc restrained officers and members of a credit union from violating the statute under which the credit union was chartered and the Letters Patent chartering the credit union.

Disposition

Decree affirmed, at appellants' costs.

ING OPINION BY MR. JUSTICE ROBERTS:

I disagree with the majority's affirmance of a result which inequitably deprives over 1500 persons of their status and property rights in a voluntary association while granting ...


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