ANDERSON NAT. BANK v. LUCKETT

No. 154.

321 U.S. 233 (1944)

ANDERSON NATIONAL BANK ET AL. v. LUCKETT, COMMISSIONER OF REVENUE, ET AL.

Supreme Court of United States.

Decided February 28, 1944.


Attorney(s) appearing for the Case

Messrs. Wm. Marshall Bullitt and Charles W. Milner (Mr. Leo T. Wolford was with the latter on the brief) for appellants.

Mr. Earl S. Wilson, Assistant Attorney General of Kentucky, with whom Messrs. M.B. Holifield and A.E. Funk, Assistant Attorneys General, were on the brief, for appellees.

By special leave of Court, Mr. Clarence A. Linn, Deputy Attorney General, with whom Mr. Robert W. Kenny, Attorney General, was on the brief, for the State of California, as amicus curiae, urging affirmance.

Messrs. John F. Anderson and Trevor V. Roberts, on behalf of the Comptroller of the Currency of the United States; Messrs. Herbert W. Clark, Roland C. Foerster, and Edward Hohfeld, on behalf of the California Bankers Association; and Messrs. J.B. Faegre and Hayner N. Larson, on behalf of the Northwestern National Bank of Minneapolis et al., filed briefs, as amici curiae, urging reversal. Messrs. J.A.A. Burnquist, Attorney General, and Wm. C. Green, Assistant Attorney General, on behalf of the State of Minnesota (Mr. John E. Martin, Attorney General, joining with them on behalf of the State of Wisconsin), and Mr. Herbert J. Rushton, Attorney General, on behalf of the State of Michigan, filed briefs, as amici curiae, urging affirmance.


MR. CHIEF JUSTICE STONE delivered the opinion of the Court.

Under Kentucky Revised Statutes of 1942, ch. 393, §§ 393.060 et seq., every bank or trust company in the state is required to turn over to the state, deposits which have remained inactive and unclaimed for specified periods. The questions for decision are: (1) whether the statute under which the state purports to acquire the right to demand custody of the deposits, affords due process of...

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