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UNITED STATES v. WILSHIRE APARTMENTS, INC.

No. 77-1632.

590 F.2d 876 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. WILSHIRE APARTMENTS, INC. (Fred Spencer, Receiver), et al., Defendants-Appellees, Medical Center State Bank, Appellant.

United States Court of Appeals, Tenth Circuit.

Decided January 22, 1979.

Rehearing Denied March 12, 1979.

Attorney(s) appearing for the Case

Richard F. Campbell, III, Asst. U. S. Atty., Oklahoma City, Okl. (John E. Green, Acting U. S. Atty., Oklahoma City, Okl., on brief), for plaintiff-appellee.

Barry W. Johnson, Oklahoma City, Okl. (James D. Batchelor and Jerry L. Salyer, Oklahoma City, Okl., on brief), for appellant.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.

BARRETT, Circuit Judge.

Medical Center State Bank (Bank) appeals from an order directing it to deliver to the receiver of Wilshire Apartments, Inc. (Wilshire) certain certificates of deposit held by Bank. At the time the receiver was appointed the certificates of deposit in question were endorsed and in the possession of Bank as collateral for a loan to Wilshire. The facts are not in dispute.

Wilshire is an Oklahoma corporation, which, since early 1970, has...

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