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MARINE MIDLAND BANK, N.A. v. U.S.

Nos. 625, 786, 626 and 785, Dockets 93-6167, 93-6199, 93-6201 and 93-6203.

11 F.3d 1119 (1993)

MARINE MIDLAND BANK, N.A. & Hong-kong and Shanghai Banking Corporation, Appellees, Cross-Appellants, v. UNITED STATES of America & Mary Jo White, United States Attorney for the Southern District of New York, Appellants, Cross-Appellees. UNITED STATES of America, Appellant, Cross-Appellee, v. CONTENTS OF ACCOUNT NO. 000-04376-1 IN THE NAME OF HONGKONG BANK (PANAMA), AT MARINE MIDLAND BANK, 140 BROADWAY, NEW YORK, NEW YORK; and All Funds Received by Marine Midland Bank, 140 Broadway, New York, New York, Within Three Business Days After the Service of the Seizure Warrant, for Further Credit to Account No. 000-04376-1 in the Name Hongkong Bank (Panama), Defendants-in-rem, Marine Midland Bank, N.A. & the Hong-kong and Shanghai Banking Corporation Limited, Appellees, Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 13, 1993.

Attorney(s) appearing for the Case

Donald E. Clark, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty., and Gabriel W. Gorenstein, Asst. U.S. Atty., on the brief), for appellants, cross-appellees.

John K. Crossman, New York City (Frank Maas, and Phillips, Lytle, Hitchcock, Blaine & Huber, on the brief), for appellees, cross-appellants.

H. Rodgin Cohen, Bruce E. Clark, David A. Heiner, Jr., Jay Holtmeier, and Sullivan & Cromwell, New York City, submitted an amicus brief for the New York Clearing House Ass'n.

Before: FEINBERG, TIMBERS, and ALTIMARI, Circuit Judges.

TIMBERS, Circuit Judge:

The government appeals from orders entered May 11, 1993 and June 25, 1993, respectively, in the Southern District of New York, Robert P. Patterson, Jr., District Judge, requiring the government to return approximately six million dollars seized pursuant to 18 U.S.C. § 981 (1988 & Supp. IV 1992) from an account maintained in New York by the Hongkong and Shanghai Banking Corporation Limited (Hongkong Bank) at Marine Midland Bank...

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