BANKING AND TRUST COMPANY v. CONNALLY

No. 72-1820.

477 F.2d 610 (1973)

The BANKING AND TRUST COMPANY, Plaintiff-Appellant, v. John B. CONNALLY, Secretary of the Treasury of the United States, and United States of America, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 1, 1973.


Attorney(s) appearing for the Case

John S. McLellan, Kingsport, Tenn., for plaintiff-appellant.

Jean A. Staudt, Dept. of Justice, Washington, D. C., for defendants-appellees; Harlington Wood, Jr., Asst. Atty. Gen., John L. Bowers, Jr., U. S. Atty., Walter H. Fleischer, Thomas J. Press, Dept. of Justice, Washington, D. C., on brief.

Before EDWARDS, CELEBREZZE and LIVELY, Circuit Judges.


PER CURIAM.

Plaintiff bank in this action sought recoupment of money in the sum of $5,054 which was set off from the funds of plaintiff bank on the instruction of defendants while the funds were in the hands of the Federal Reserve Bank of Atlanta, Georgia. By this means the United States Government made itself whole for the loss to it resulting from plaintiff bank's having cashed six stolen Series E United States Savings Bonds for a Mr. Monroe, a professional forger...

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