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FIDELITY S. & L. ASS'N v. AETNA LIFE & CAS. CO.

Nos. 79-4541, 79-4588.

647 F.2d 933 (1981)

FIDELITY SAVINGS AND LOAN ASSOCIATION, Plaintiff-Appellant, Cross-Appellee, v. AETNA LIFE & CASUALTY COMPANY, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 8, 1981.

Attorney(s) appearing for the Case

Jon Henry Kouba, Adams, Kouba & Dickson, San Francisco, Cal., for plaintiff-appellant, cross-appellee.

Douglas M. Moore, Jr., Sedgwick, Detert, Moran & Arnold, San Francisco, Cal., for Aetna Life.

Before MERRILL and FLETCHER, Circuit Judges, and HANSON, District Judge.

MERRILL, Circuit Judge:

At the time of the failure of the San Francisco National Bank (SFNB), the predecessor of appellant Fidelity Savings and Loan Association had on deposit with the bank the sum of $203,046.50 in certificates of deposit and accrued interest. In the course of receivership, FDIC, as receiver, paid $125,480.23 in liquidating dividends and $10,000 in deposit insurance, leaving $67,566.27 unpaid. At the time of the bank's closure, appellant's predecessor...

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