UNITED STATES v. BANK OF AMERICA NATIONAL T. & S. ASS'N

No. 47431.

288 F.Supp. 343 (1968)

UNITED STATES of America, Plaintiff, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Defendant and Third-Party Plaintiff, v. John Raymond SHERRETT and Ronald Wayne Reed, Third-Party Defendants.

United States District Court N. D. California.

July 24, 1968.


Attorney(s) appearing for the Case

Cecil F. Poole, U. S. Atty., San Francisco, Cal., with Peter V. Shackter, Asst. U. S. Atty., appearing for plaintiff.

Charles E. Cooper and Theodore Sachsman, San Francisco, Cal., for defendant and third-party plaintiff.


MEMORANDUM OPINION

ALBERT C. WOLLENBERG, District Judge.

This is an action by the United States against the Bank of America to recover the proceeds of six Treasury checks presented by the Bank to the plaintiff as issuer and drawee and paid by the Government to the Bank. The Government's theories of recovery are breach of the Bank's expressed and implied warranty of prior endorsement and payment of money by mutual mistake. The Bank has filed a third party...

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