MURPHY v. T. ROWE PRICE PRIME RESERVE FUND, INC.

No. 92-15087.

8 F.3d 1420 (1993)

James R. MURPHY, Executor of the Estate of Robert Gavin Brownlee, Deceased, Plaintiff-Appellant, v. T. ROWE PRICE PRIME RESERVE FUND, INC., a Maryland corporation; T. Rowe Price Associates, Inc., a Maryland corporation; T. Rowe Price Services, Inc., a Maryland corporation; and Does 1 through 100, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 4, 1993.


Attorney(s) appearing for the Case

Daniel S. Mount and James M. Ingram, Mount & Stoelker, and Robert T. Borawski, San Jose, CA, for plaintiff-appellant.

Terry M. Gordon, Epstein Becker & Green, San Francisco, CA, for defendants-appellees.

Before: FAIRCHILD, BEEZER, and WIGGINS, Circuit Judges.


BEEZER, Circuit Judge:

Robert Brownlee, now deceased, held a check closing out his mutual fund account for three years. Now the question is, who is entitled to the interest accrued on the funds evidenced by the uncashed check? The district court granted summary judgment for the defendants (hereinafter "Price"). We affirm in part and reverse and remand in part.

I

Brownlee's financial consultant requested that Price close out Brownlee's account at...

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