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BANK OF CALIFORNIA, NAT. ASSOCIATION v. UNITED STATES

No. 74-1261.

520 F.2d 302 (1975)

In re the BANK OF CALIFORNIA, NATIONAL ASSOCIATION, Plaintiff, v. UNITED STATES of America et al., Defendants. UNITED STATES of America, Interpleader-Appellant, v. Murray S. WEBER, Interpleader-Appellee.

United States Court of Appeals, Ninth Circuit.

July 8, 1975.

Attorney(s) appearing for the Case

James L. Browning, Jr., U. S. Atty., San Francisco, Cal., Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Chief, Appellate Section, Tax Div., Dept. of Justice, Washington, D. C., for the U. S.

Murray S. Weber, in pro. per.

Before DUNIWAY and CHOY, Circuit Judges, and SKOPIL, District Judge.

OPINION

SKOPIL, District Judge:

The Bank of California (the Bank) filed this interpleader action to resolve competing claims of the U. S. Government (Government) and appellee, Murray S. Weber, to $25,000 of a fund held by the Bank. The Government appeals from the District Court order awarding the entire $25,000, plus interest, to Weber. We have jurisdiction under 28 U.S.C. §§ 1291 and 1294.

The question presented is whether a holder of...

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