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BANK OF AMERICA v. CORY

Docket No. 20871.

164 Cal.App.3d 66 (1985)

210 Cal. Rptr. 351

BANK OF AMERICA, Plaintiff, Cross-defendant and Appellant, v. KENNETH CORY, as State Controller, Defendant, Cross-complainant and Appellant. MARGARET SLETTLAND et al., Plaintiffs and Respondents, v. KENNETH CORY, as State Controller, Defendant and Appellant.

Court of Appeals of California, Third District.

January 25, 1985.

Attorney(s) appearing for the Case

COUNSEL

John M. Anderson, Paul M. Zieff, Richard B. Caine, Frederick M. Pownall, Howard D. Neal and Landels, Ripley & Diamond for Plaintiff, Cross-defendant and Appellant.

William Alsup, Paul R. Dieseth and Morrison & Foerster as Amici Curiae on behalf of Plaintiff, Cross-defendant and Appellant.

George Deukmejian and John K. Van de Kamp, Attorneys General, Yeoryios C. Apallas, Jeffrey J. Fuller and Gail A. Strader, Deputy Attorneys General, for Defendant, Cross-complainant and Appellant and Defendant and Appellant.

Gary J. Near, Stephen Kaus and Kaus & Kerr for Plaintiffs and Respondents.

Harvey M. Freed as Amicus Curiae on behalf of Plaintiffs and Respondents.

OPINION

EVANS, J.

Following protracted and convoluted litigation, this appeal places at issue the question of the applicability of a statute of limitations to the California Unclaimed Property Law (Code Civ. Proc., § 1500 et seq., hereafter UPL) and the enforcement of the UPL or lack thereof by the State Controller, and the propriety and amount of interest and/or penalty assessed upon an order of escheat. Bank of America (Bank...

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