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Mullane v. Cent. Hanover Bank & Trust Co.
Facts: Hanover Bank was the trustee of a fund. The fund was owned by many beneficiaries. The Bank wanted to judicially settle the fund accounts. The NY Banking Law dictated that service was fulfilled by announcing the settlement in a newspaper, every week, for three weeks.
Issue: Does the newspaper announcement really satisfy due process?
Holding: the NY Banking Law is incompatible with the 14th amendment requirement of due process.
Reasons: The court put forth a reasonableness test for notice to potential participants of a court action who are not in the state. This case doesn't pass that test.
Judgment: Reversed.
Comments: The reasonableness test is:
- The notice must be reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.
- Notice must reasonably convey the required information
- Notice must afford a reasonable time for those interested to make an appearance.