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MATTHEWS v. IMC MINT CORP.

No. 75-1153.

542 F.2d 544 (1976)

James J. MATTHEWS, Plaintiff-Appellee, v. IMC MINT CORPORATION, a Utah Corporation, et al., Defendants, Middle East Metals, Ltd., Intervenor-Appellant.

United States Court of Appeals, Tenth Circuit.

September 29, 1976.

Attorney(s) appearing for the Case

William G. Gibbs, Salt Lake City, Utah (Clyde & Pratt, Salt Lake City, Utah, on the brief), for intervenor-appellant.

Henry St. John Fitzgerald, Arlington, Va., for plaintiff-appellee.

Before HOLLOWAY, McWILLIAMS and DOYLE, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiff-appellee Matthews filed this suit against IMC Mint Corporation, Robert Grabar and other defendants on a claim of fraud in connection with the sale of allegedly bogus debentures and nonexistent silver bullion. Pursuant to Rule 64 F.R.Civ.P., and Utah Rule of Civil Procedure 64C(a), the plaintiff obtained a writ of attachment under which 15 containers of silver allegedly belonging to one or more defendants were seized. A motion to...

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