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FEDERAL DEPOSIT INS. CORP. v. MADEMOISELLE OF CALIFORNIA

No. 21375.

379 F.2d 660 (1967)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of San Francisco National Bank, Appellant, v. MADEMOISELLE OF CALIFORNIA, a Co-Partnership, Edward Wieger and Ruth Carlson, Individually and as Co-Partners doing business under the firm name and style of Mademoiselle of California, Nancy Wieger, Wendell R. Carlson, and Union Bank, a Corporation, Appellees.

United States Court of Appeals Ninth Circuit.

June 6, 1967.

Attorney(s) appearing for the Case

Charles A. Legge, Alan I. Kaplan, Bronson, Bronson & McKinnon, San Francisco, Cal., John F. Lee, Leslie H. Fisher, FDIC, Washington, D. C., for appellant.

LeRoy Hersh, Hersh & Hadfield, San Francisco, Cal., for appellee, Mademoiselle of Calif. and others.

William T. Doyle, Doyle & Clecak, San Francisco, Cal., for appellee, Union Bank.

Before JERTBERG and MERRILL, Circuit Judges, and TAYLOR, District Judge.

JERTBERG, Circuit Judge:

This is an appeal from summary judgment in favor of appellees, Mademoiselle of California (hereinafter Mademoiselle) and Union Bank (hereinafter Union). Appellant, as receiver of San Francisco National Bank (hereinafter SFNB), brought this declaratory judgment action to determine 1) whether Mademoiselle is entitled to set off its deposit in account with SFNB against a note due SFNB, and if so 2) whether Union, as holder of an 80% participation...

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