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HARMSEN v. SMITH

Nos. 74-3262, 74-2962.

542 F.2d 496 (1976)

Fred H. HARMSEN et al., Plaintiffs and Appellees, v. C. Arnholt SMITH et al., Defendants and Appellants. FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver of United States National Bank, Plaintiff in Intervention and Appellant, v. C. Arnholt SMITH et al., Defendants and Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied October 13, 1976.

Attorney(s) appearing for the Case

Stanley H. Williams (argued), of Agnew, Miller & Carlson, Los Angeles, Cal., for defendants and appellees in No. 74-2962 and for defendants and appellants in No. 74-3262.

Charles A. Legge (argued), of Bronson, Bronson & McKinnon, San Francisco, Cal., for appellant in No. 74-2962.

Joseph W. Cotchett (argued), of Cotchett, Hutchinson & Dyer, San Mateo, Cal., and Roger A. Parkinson (argued), of Long & Levit, Los Angeles, Cal., for defendants and appellants in No. 74-3262.

Before HUFSTEDLER and SNEED, Circuit Judges, and THOMPSON, District Judge.

Rehearing and Rehearing En Banc Denied October 13, 1976.

SNEED, Circuit Judge:

This case arises out of the insolvency of the United States National Bank of San Diego (USNB), a national banking association. To understand the posture of the case on appeal it is necessary to commence with October 18, 1973, the date the Comptroller of Currency declared the USNB insolvent. On that same day the Comptroller appointed the Federal Deposit Insurance Corporation (FDIC...

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