Mullane v. Central Hanover Bank - range. Also, the...

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339 U.S. 306 (1950) Fact: Operative Facts: This is about a company in NY that pulled together many little trust funds to create a large 3 million dollar trust fund. The manager, under NY banking laws had to send out notice, which they did in a local NY newspaper publication that only stated the name and address of the trust company and the name and date of establishment of the common trust fun, and all the participating estates, trusts or funds. However, not all the people who left their trust to be taken care of by that NY company, lives in NY. So they are bringing up a law suit because they did not get enough notice. It was insufficient Due process (plaintiff states). Issue: Whether Due process was violated Rule: There must be a reasonable effort to send out an adequate publication of notice Rational: Not everyone was located in New York, let alone that local newspaper’s publication
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Unformatted text preview: range. Also, the newspaper they did publish it in, only consisted of the trust name. There was nothing to really catch the eyes of the beneficiaries. The company also sent out a letter after the super fund was established. This means that they had the ability to send it out to everyone personally, but they just did not. Even though this wasnt required, this could have solved the problem. The court held that everyone has a right to know where their property is going, so although notice doesnt have to reach everyone, they have to reasonable reach a portion of the people. Holding: There publication in a local newspaper without any way for a person to know their properties is going to be affected, is an inadequate publication notice, which violates due process. (Holding only effects people living outside of NY?) Synthesis: Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course CIV PRO 141 taught by Professor Daucher during the Fall '11 term at Western State Colorado University .

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