FEDERAL DEPOSIT INSURANCE CORP. v. IRVING TRUST CO.


137 F.Supp. 145 (1955)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, v. IRVING TRUST COMPANY, Defendant. FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, v. GUARANTY TRUST COMPANY OF NEW YORK, Defendant.

United States District Court S. D. New York.

December 15, 1955.


Attorney(s) appearing for the Case

Judd & Gurfein, New York City, Wyatt, Grafton & Grafton, Louisville, Ky., Royal L. Coburn, General Counsel, Federal Deposit Insurance Corp., Washington, D. C., Orrin G. Judd, New York City, Wilson W. Wyatt, Louisville, Ky., G. J. Oppegard, Asst. General Counsel, F.D.I.C., Washington, D. C., Charles E. McGuinness, New York City, Edgar A. Zingman, Louisville, Ky., of counsel, for plaintiff.

Davis Polk Wardwell Sunderland & Kiendl, New York City, Theodore Kiendl, Stephen G. Kent, Charles H. Willard, Henry L. King, New York City, of counsel, for defendants.


McGOHEY, District Judge.

These actions, brought under the deposit insurance laws of the United States, involve common questions of law and fact and were consolidated for trial. They seek judgments: 1. declaring that certain funds received and held by each defendant constitute deposits as that term has been defined by statute and regulations made pursuant thereto; 2. directing that each defendant file amended certified statements which shall include the balances of...

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