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NATIONAL ACCEPT. CO. OF AMERICA v. VIRGINIA

Civ. A. No. 79-0630-R.

491 F.Supp. 1269 (1980)

NATIONAL ACCEPTANCE COMPANY OF AMERICA, a Delaware Corporation, and Mitsubishi International Corporation, a New York Corporation, Plaintiffs, v. VIRGINIA CAPITAL BANK, a Virginia Banking Corporation, Defendant.

United States District Court, E. D. Virginia, Richmond Division.

June 17, 1980.

Attorney(s) appearing for the Case

Charles F. Witthoefft, Hirschler, Fleischer, Weinberg, Cox & Allen, Richmond, Va., for Nat. Acceptance.

Robert A. Pustilnik, Samuel & Pustilnik, Richmond, Va., for Mitsubishi.

Alexander N. Simon, Wallerstein, Goode & Dobbins, Richmond, Va., for defendant.

OPINION AND ORDER

CLARKE, District Judge.

The plaintiffs in this diversity action are creditors of Concrete Structures, Inc., a Virginia corporation currently the subject of bankruptcy proceedings under Chapter XI of the Bankruptcy Act. Claiming a prior, perfected security interest in certain funds deposited in various deposit accounts maintained by Concrete Structures in the Virginia Capital Bank, they allege that the Bank wrongfully appropriated these...

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