Legal Opinion
Russel v. Lee, Trustee Under Declaration of Trust Dated March 19, 1970 v. W. Michael Blumenthal, Secretary of the Treasury, and the United States
Court of Appeals for the Ninth Circuit
Decided January 3, 1979No. 76-2243PublishedCited by 36 opinions
1Opinion of the Court
TANG, Circuit Judge:
The plaintiff filed an action under 28 U.S.C. § 1361, seeking a writ of mandamus to compel the Secretary of the Treasury to redeem certain bonds. The district court issued the writ. We reverse and remand to the district court with directions to dismiss or transfer to the Court of Claims.
The facts are undisputed. In 1970 the plaintiff and his wife created a revocable inter vivos trust, and transferred to the trust sufficient community property to purchase flower bonds with a face value of $200,000.00. Flower bonds derive from the Second Liberty Bond Act, 31 U.S.C. §§ 752,…
2Cases cited3 opinions
- Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
- Hill v. United StatesCourt of Appeals for the Ninth Circuit · 1978
- United States v. Dauphin Deposit Trust Co.District Court, E.D. Pennsylvania · 1943
3Cited by36 opinions
- Megapulse, Inc. v. LewisCourt of Appeals for the D.C. Circuit · 1982
- Lonsdale v. United StatesCourt of Appeals for the Tenth Circuit · 1990
- Beller v. MiddendorfCourt of Appeals for the Ninth Circuit · 1980
- Arthur Edward Sheehan v. Army and Air Force Exchange Service, an Instrumentality of the Departments of the Army and of the Air ForceCourt of Appeals for the Fifth Circuit · 1980
- Hahn, Michael S. And Bradley, B. Shay and All Other Persons Similarly Situated v. United StatesCourt of Appeals for the Third Circuit · 1985
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