GORDON v. BANK OF AMERICA NATIONAL TRUST & SAV. ASS'N

No. 34879.

150 F.Supp. 772 (1957)

Arline GORDON, formerly Arline Laub, Arnold Laub and Arline June Gordon, et al., Plaintiffs, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, United States of America, et al., Defendants.

United States District Court N. D. California, S. D.

May 3, 1957.


Attorney(s) appearing for the Case

Marcel E. Cerf, Robinson & Leland, San Francisco, Cal., for plaintiffs.

Rhein, Dienstag & Levin, San Francisco, Cal., for defendant Bank of America Nat. Trust & Savings Ass'n.

Lloyd H. Burke, U. S. Atty., Charles Elmer Collett, Asst. U. S. Atty., Leon Yudkin, Sp. Asst. to the Regional Counsel, I. R. S., San Francisco, Cal., for defendant United States.


HARRIS, District Judge.

Plaintiffs have brought an action to quiet title to certain property against defendants. The United States has moved to dismiss as to it on the ground that this Court has no jurisdiction and is not empowered to grant the relief sought.

Plaintiffs allegedly are owners of certain property which they obtained under a declaration of trust made by one Marcus M. Laub, deceased. The instrument is dated September 21, 1949. The trustor-donor...

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