UNITED STATES v. NATIONAL BANK OF COM. IN NEW ORLEANS

No. 29698.

438 F.2d 809 (1971)

UNITED STATES of America, Plaintiff-Appellant, v. NATIONAL BANK OF COMMERCE IN NEW ORLEANS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 5, 1971.


Attorney(s) appearing for the Case

William D. Ruckelshaus, Asst. Atty. Gen., Gerald J. Gallinghouse, U. S. Atty., Alan S. Rosenthal, Alexander P. Humphrey, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Henry P. Dart, III, Dart & Dart, New Orleans, La., for defendant-appellee.

Before RIVES, AINSWORTH and MORGAN, Circuit Judges.


AINSWORTH, Circuit Judge:

This action was brought by the United States of America on behalf of the Treasury Department to recover the proceeds of twenty-two Treasury checks in the total sum of $7,241 from the National Bank of Commerce in New Orleans, Louisiana.1 The complaint was based on a written contract of guaranty and for money paid by mistake subsequent to the death of Raymond D. Clark, payee on the Treasury checks. All of the checks...

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