STATE OF ARIZ. v. BOWSHER

Nos. 90-5184, 90-5223.

935 F.2d 332 (1991)

STATE OF ARIZONA, et al., Appellants, v. Charles A. BOWSHER, in his Official Capacity as Comptroller General of the United States, et al. STATE OF ARIZONA the States of Minnesota, Ohio and Florida, Appellants, v. Charles A. BOWSHER, in his Official Capacity as Comptroller General of the United States, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 1991.

As Amended June 11, 1991.


Attorney(s) appearing for the Case

Andrew P. Miller, with whom Bernard Nash, Peter J. Kadzik and Frank F. Flegal were on the brief, for appellants State of Ariz., et al. in No. 90-5184.

Joe A. Walters, with whom Donald S. Arbour and E. William Crotty were on the brief, for appellants States of Minn., Ohio and Fla. in No. 90-5223.

Deborah Ruth Kant, Attorney, Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty. and Barbara C. Biddle, Atty., Dept. of Justice, were on the brief, for appellees in Nos. 90-5184 and 90-5223.

Before EDWARDS, WILLIAMS and RANDOLPH, Circuit Judges.


Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

By statute, the United States Department of the Treasury exercises custody over funds "represent[ing]" money that federal agencies owe to American citizens whose whereabouts are unknown. Twenty-three states claim a right to assume custody over these funds pursuant to their custodial taking laws. The district court held that the Supremacy Clause, art. VI, cl...

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