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BANKES ESTATE (07/01/68)

SUPREME COURT OF PENNSYLVANIA


decided: July 1, 1968.

BANKES ESTATE

Appeals from decree and order of Orphans' Court of Columbia County, May T., 1967, No. 17, in re estate of J. W. Bankes, deceased.

COUNSEL

Carolyn R. Just, with her Lee A. Jackson, Crombie J. D. Garrett, Mitchell Rogovin, Assistant Attorney General, and Bernard J. Brown, United States Attorney, of the Washington, D. C. Bar, for United States of America, appellant.

Hervey B. Smith, with him Smith, Eves and Keller, for appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ.

Author: Per Curiam

[ 431 Pa. Page 284]

The record establishes that the United States of America was not a party in the declaratory judgment proceeding in the court below, and it did not intervene or consent to be sued.

Under all these facts and circumstances, it has no standing to take this appeal.

Appeal quashed, without prejudice to any rights the United States may have.

Each party to pay own costs.

Disposition

Appeal quashed.

19680701

© 1998 VersusLaw Inc.



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