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F.T.C. v. OVERSEAS UNLIMITED AGENCY, INC.

No. 88-6157.

873 F.2d 1233 (1989)

FEDERAL TRADE COMMISSION, Plaintiff, v. OVERSEAS UNLIMITED AGENCY, INC.; Michael Bruce Marks; Susan Roy Marks, Defendants. George E. SCHULMAN, Receiver-Appellee, v. WILSHIRE CENTER BANK, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 21, 1989.

Attorney(s) appearing for the Case

Martin J. Spear, Baker & McKenzie, Los Angeles, Cal., for respondent-appellant.

Jay A. Woollacott, Jay A. Woollacott, A Law Corp., Wolfe & Linden, Los Angeles, Cal., for receiver-appellee.

Before WRIGHT, FARRIS and NELSON, Circuit Judges.

FARRIS, Circuit Judge:

Wilshire Center Bank appeals from an order directing it to surrender a bank account to George E. Schulman, the receiver for Overseas Unlimited Agency. The account consists of funds paid by Wilshire to Overseas in exchange for credit card drafts. By contract, Wilshire retained a right to make "charge backs" from the account if Overseas' customers refused to honor the drafts. Wilshire maintains that it is not obliged to surrender the account because...

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