CITICORP SERVICES, INC. v. GILLESPIE

No. C-88-3316 RFP.

712 F.Supp. 749 (1989)

CITICORP SERVICES INC., Plaintiff, v. Roxani M. GILLESPIE, Commissioner, California Department of Insurance, Defendant.

United States District Court, N.D. California.

March 2, 1989.


Attorney(s) appearing for the Case

John F. Barg, Landels, Ripley & Diamond, San Francisco, Cal., for plaintiff.

Calvin J. Abe, Deputy Atty. Gen., San Francisco, Cal., for defendant.


PECKHAM, District Judge.

I. INTRODUCTION

In this proceeding, Citicorp Services Inc. ("CSI") challenges the constitutionality of California Insurance Code Section 12413 ("statute") that regulates when California escrow accounts may disburse proceeds received by check or certain other forms of negotiable instruments. In essence, the statute provides that escrow accounts must hold checks drawn on out-of-state banks ("out-of-state checks") until they clear but...

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