LOWNDES BANK v. MLM CORP.

No. 19186.

395 S.E.2d 762 (1990)

The LOWNDES BANK v. MLM CORPORATION, et al.

Supreme Court of Appeals of West Virginia.

June 26, 1990.


Attorney(s) appearing for the Case

David English Carmack, Asst. U.S. Atty., Washington, D.C., for U.S.

Thomas W. Kupec, Michael & Kupec, Clarksburg, for Lowndes Bank.

James A. Liotta, Tharp, Liotta & Janes, Fairmont, W.Va., for Country Club Co., Inc., Michael & Patricia Yanero, W.Va. Fuels, Inc.


NEELY, Chief Justice:

This case requires us to engage in a difficult exercise in federal statutory construction. The appellant is the Internal Revenue Service (United States) which maintains that the Circuit Court of Harrison County did not have jurisdiction to entertain a claim by The Lowndes Bank (Bank), the appellee, to certain monies in the hands of a third party that the United States also claimed.

The Lowndes...

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