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Civil Procedure Keyed to Spencer
Mullane v. Central Hanover Bank & Trust
Citation:339 U.S. 306 (1950)
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Central Hanover Bank & Trust (Plaintiff) pooled 113 individual trusts into one common trust fund. This required a petition to seek a judicial settlement of the individual accounts in court. N.Y. Banking Law § 100-c(12) required notice of settlement to be filed in a local newspaper, which Plaintiff followed. Mullane (Defendant) was appointed to represent the beneficiaries who did not respond to the notice, and he argued that the publication did not satisfy the due process requirement of the Fourteenth Amendment.
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