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UNITED STATES v. FIRST NATIONAL CITY BANK

321 F.2d 14 (1963)

UNITED STATES of America, Appellee, v. FIRST NATIONAL CITY BANK, Appellant, and Omar, S.A., a Uruguayan corporation, Lazard Freres & Co., Lehman Brothers, Belgian-American Banking Corp., Belgian-American Bank and Trust Co., and First National City Trust Co., Defendants.

United States Court of Appeals Second Circuit.

Decided June 26, 1963.

Attorney(s) appearing for the Case

Henry Harfield of Shearman & Sterling, New York City (Herman E. Compter and John E. Hoffman, Jr., New York City, of counsel), for appellant.

Louis F. Oberdorfer, Asst. Atty. Gen. (Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, Morton L. Ginsberg and Robert Arum, Asst. U. S. Attys., Harold C. Wilkenfeld, Michael A. Mulroney and John J. McCarthy, Attys., Dept. of Justice, Washington, D. C., of counsel), for appellee.

Before MOORE, FRIENDLY and HAYS, Circuit Judges.

MOORE, Circuit Judge.

This appeal presents an important question concerning the scope of an injunction against an American bank affecting deposits that may be held for the credit of an alleged delinquent taxpayer in a branch bank outside of the United States.

The taxpayer involved is Omar, S.A., a Uruguayan corporation. An investigation into Omar's affairs in this country revealed the likelihood that Omar was indebted to the United States for unpaid taxes...

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