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UNITED STATES v. MARK TWAIN BANK — KANSAS CITY

Nos. 84-2370, 84-2482.

771 F.2d 361 (1985)

UNITED STATES of America, et al., v. MARK TWAIN BANK — KANSAS CITY, et al. (Two cases) 2001 COMPUTERIZED CONSULTANTS, INC., Appellant, v. UNITED STATES of America, TIC Federal Credit Union (TIC) and Bergstrom Federal Credit Union of Austin, Appellees. Arthur B. SELECTMAN, Jr., d/b/a A & A Replacement Parts; A & A Towing, Perfection Body Shop and Select Industries, Inc., a Kansas corporation, Appellant, v. UNITED STATES of America, TIC Federal Credit Union (TIC) and Bergstrom Federal Credit Union of Austin, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 21, 1985.

Attorney(s) appearing for the Case

Thomas M. Bradshaw and Arthur H. Staup, Kansas City, Mo., for appellants.

Linda L. Parker, Asst. U.S. Atty., Kansas City, Mo., for appellees.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and HARRIS, Senior District Judge.

LAY, Chief Judge.

The issue on appeal concerns the legal ownership of funds deposited in a bank account held by the Mark Twain Bank under the name of 2001 Computerized Consultants, Inc. (2001). The primary question we confront is whether the trial court, the Honorable D. Brook Bartlett presiding, properly held that Arthur B. Selectman and 2001 were not holders in due course of commercial paper received by them leading to the bank deposit.1

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