ATKINSON v. FEDERAL DEPOSIT INS. CORP.

No. 79-1531.

635 F.2d 508 (1981)

Gerald W. ATKINSON, Plaintiff, Susan A. Atkinson, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, etc. et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 9, 1981.


Attorney(s) appearing for the Case

Richard A. Lawrence, Montgomery, Ala., for plaintiff-appellant.

Smith, Bowman, Thagard, Crook & Culpepper, Charles M. Crook, Montgomery, Ala., for defendants-appellees.

Before VANCE, HENDERSON and THOMAS A. CLARK, Circuit Judges.


Rehearing Denied April 9, 1981. See 642 F.2d 145.

THOMAS A. CLARK, Circuit Judge:

This diversity case presents the question whether Alabama law permits a commercial bank to set off the unpaid indebtedness of a husband against a certificate of deposit jointly held by the husband and his wife. The district court ruled that Alabama law does permit a bank to set off against joint accounts in such circumstances. We reverse.

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