T & B SCOTTDALE CONTRACTORS, INC. v. U.S.

No. 85-8522.

815 F.2d 1425 (1987)

T & B SCOTTDALE CONTRACTORS, INC., Plaintiff-Appellant, Cross-Appellee, v. UNITED STATES of America, Defendant-Appellee, Trust Company Bank, Intervenor-Appellee, Cross-Appellant, Richard D. Ellenberg, Trustee in Bankruptcy of Rodger & Rodger, Inc., Intervenor-Appellee. In re RODGER & RODGER, INC., Debtor. UNITED STATES of America, Plaintiff, v. RODGER & RODGER, INC., et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

May 4, 1987.


Attorney(s) appearing for the Case

A.L. Mullins, Jr., Atlanta, Ga., for appellant.

Amy D. Levin, Asst. U.S. Atty., Atlanta, Ga., Glenn L. Archer, Jr., Asst. Atty. Gen., U.S. Dept. of Justice, Michael L. Paup, Roger M. Olsen, Wynette J. Jewett, John J. Boyle, Washington, D.C., for U.S.

Richard D. Ellenberg, Atlanta, Ga., Trustee, pro se.

C. David Hailey, Atlanta, Ga., for T & B Scottdale.

Lawrence S. Burnat, Timothy C. Batten, Atlanta, Ga., for Trust Co.

Before GODBOLD and VANCE, Circuit Judges, and SWYGERT, Senior Circuit Judge.


VANCE, Circuit Judge:

This case involves a dispute over the ownership of a bank account T & B Scottdale Contractors, Inc. (hereinafter "T & B Scottdale") opened in the name of its subcontractor, Rodger & Rodger, Inc. (hereinafter "R & R"), at Trust Company Bank (hereinafter "the bank"). R & R subsequently filed for bankruptcy. This appeal results from the district court's summary judgment that these funds...

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