UNITED STATES v. FIRST NATIONAL BANK OF ATLANTA, GA.

No. 30308.

441 F.2d 906 (1971)

UNITED STATES of America, Plaintiff-Appellant, v. The FIRST NATIONAL BANK OF ATLANTA, GEORGIA, Defendant-Third-Party Plaintiff-Appellee, The GREAT ATLANTIC AND PACIFIC TEA COMPANY, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 4, 1971.


Attorney(s) appearing for the Case

John W. Stokes, Jr., U. S. Atty., Atlanta, Ga., Johnnie M. Walters, Asst. Atty. Gen., Tax Division, Alexander P. Humphrey, Civil Div., Appellate Section, Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., William D. Ruckelshaus, Asst. Atty. Gen., for plaintiff-appellant.

W. Rhett Tanner, for defendant-appellee; Hansell, Post, Brandon & Dorsey, Atlanta, Ga., for third party defendant.

W. Lyman Dillon, Thomas T. Holland, Atlanta, Ga., for Third Party Defendant.

Before THORNBERRY and GODBOLD, Circuit Judges, and BOOTLE, District Judge.


BOOTLE, District Judge:

In this action, the United States, as drawee on certain government checks, seeks to recover the amount of those checks paid to appellee, The First National Bank of Atlanta, Georgia, who, as collecting bank, had presented the checks under a guarantee of prior endorsements to and received payment from the United States, the endorsements of the payee on the checks allegedly being forged. The trial court dismissed the complaint on the ground that...

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