United States v. First National City Bank

Decision Date13 January 1964
Docket NumberDocket 27980.,No. 196,196
Citation325 F.2d 1020
PartiesUNITED STATES of America, Appellee, v. FIRST NATIONAL CITY BANK, Appellant, and Omar, S.A., a Uruguayan corporation, Lazard Freres & Co., Lehman Brothers, Belgian-American Banking Corp., Belgian-American Bank and Trust Co., and First National City Trust Co., Defendants.
CourtU.S. Court of Appeals — Second Circuit

Louis F. Oberdorfer, Asst. Atty. Gen., Dept. of Justice, Washington, D. C. (Harold C. Wilkenfeld, Michael A. Mulroney and Timothy B. Dyk, Attys., Dept. of Justice, Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, Robert Arum and Stephen Charnas, Asst. U. S. Attys. on the brief), for appellee.

Henry Harfield, New York City (Shearman & Sterling, Herman E. Compter and John E. Hoffman, Jr., New York City, on the brief), for appellant.

Milbank, Tweed, Hadley & McCloy, New York City (Roy C. Haberkern, Jr., and Isaac Shapiro, New York City, of counsel), for The Chase Manhattan Bank.

Breed, Abbott & Morgan, New York City (Edward J. Ross, New York City, of counsel), for The First National Bank of Boston.

Meyer, Kissel, Matz & Seward, New York City (Lester Kissel, New York City, of counsel), for Bank of America Nat. Trust and Savings Assoc., as amici curiae.

Before LUMBARD, Chief Judge, CLARK, WATERMAN, MOORE, FRIENDLY, SMITH, HAYS and MARSHALL, Circuit Judges.

PER CURIAM.

The court having sat in banc to hear the appeal, with the exception of Judge Kaufman who did not participate, and due deliberation having been had thereon, Judges Lumbard, Waterman, Moore, and Friendly vote to reverse the order of the district court for the reasons set forth in Judge Moore's opinion reported at 321 F.2d 14, and Judges Smith, Hays, and Marshall vote to affirm for the reasons set forth in Judge Hays' opinion reported at 321 F.2d 25.1 The order of the district court, reported at 210 F. Supp. 773 (1962), is accordingly reversed.

Upon application therefor, the court will grant a stay, pursuant to Rule 28(c), pending application for certiorari to the Supreme Court of the United States.

1 Prior to his death Judge Clark had indicated his intention to vote for affirmance.

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7 cases
  • United States v. First National City Bank
    • United States
    • U.S. Supreme Court
    • 18 Enero 1965
    ...violate foreign law. 210 F.Supp. 773. The Court of Appeals reversed by a divided vote both by a panel of three, 321 F.2d 14, and en banc, 325 F.2d 1020. The case is here on a writ of certiorari. 377 U.S. 951, 84 S.Ct. 1629, 12 L.Ed.2d Title 26 U.S.C. § 7402(a) gives the District Court power......
  • Callejo v. Bancomer, S.A.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 8 Julio 1985
    ...(no legal right against main office of bank to demand payment for deposit in branch bank abroad), aff'd on rehearing en banc, 325 F.2d 1020 (2d Cir.1964), rev'd on other grounds, 379 U.S. 378, 85 S.Ct. 528, 13 L.Ed.2d 365 The Callejos make much of the fact that when they made deposits, the ......
  • In re Guyana Development Corp.
    • United States
    • United States Bankruptcy Courts. Fifth Circuit. U.S. Bankruptcy Court — Southern District of Texas
    • 29 Noviembre 1995
    ...apparent case on point to any degree is United States v. First Nat'l City Bank, 321 F.2d 14, 23 (2nd Cir.1963), rehearing en banc, 325 F.2d 1020 (2nd Cir.1964), rev'd on other grounds, 377 U.S. 951, 84 S.Ct. 1629, 12 L.Ed.2d 496 (1965). In First National the United States sought to impose a......
  • United States v. Lebanon Woolen Mills Corporation
    • United States
    • U.S. District Court — District of New Hampshire
    • 9 Julio 1964
    ...112 F.2d 690 (3rd Cir. 1940). See also United States v. First National City Bank, 2 Cir., 321 F.2d 14, aff'd. on rehearing, 325 F.2d 1020 (2nd Cir. 1964) (appeal pending). This general rule is subject, no doubt, to certain exceptions and to the general modification that limiting interests o......
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