UNITED STATES v. AMERICAN NATIONAL BANK & TRUST CO.

No. 11257.

222 F.2d 923 (1955)

UNITED STATES of America v. AMERICAN NATIONAL BANK AND TRUST CO. OF CHICAGO.

United States Court of Appeals Seventh Circuit.

June 13, 1955.


Attorney(s) appearing for the Case

Robert Tieken, U. S. Atty., Chicago, Ill., Paul A. Sweeney, Chief, Appellate Section, U. S. Dept. of Justice, Morton Hollander, Atty., Washington, D. C., Warren E. Burger, Asst. Atty. Gen., Samuel D. Slade, Atty., Dept. of Justice, Washington, D. C., Julian R. Wilheim, Sondra Kaplan, Attys., Dept. of Justice, Washington, D. C., of counsel, for appellant.

Carl S. Lloyd, Chicago, Ill., Weymouth Kirkland, Howard Ellis, John C. Butler, Chicago, Ill., for American National Bank & Trust Co. of Chicago, appellee.

Before DUFFY, Chief Judge, and MAJOR and LINDLEY, Circuit Judges.


LINDLEY, Circuit Judge.

The Government brought this action against the defendant bank seeking to have restored to a special deposit account in the bank the sum of $276,855 which defendant had paid to its depositor, Erie Basin Metal Products, Inc., without first obtaining the counter-signature of an appropriate Government official. Both parties moved for summary judgment. The motion of plaintiff was denied and that of defendant allowed.

Rule 56(c) of the Federal...

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