Wichita Federal Savings and Loan Ass'n v. Comark
District Court, S.D. New York
1Opinion of the Court
LASKER, District Judge.
This motion presents the issue, simply stated though analytically complex, of whether defendant Marine Midland Bank, N.A. (“Marine”), or the plaintiffs, five savings and loan associations and a municipality, 1 are entitled to priority in claiming ownership of eight government securities worth, according to their face value, $10.5 million. Marine moves for summary judgment to dismiss the claims asserted against it as to these securities on the grounds that, as between the plaintiffs and Marine, both federal and state law establishes Marine’s priority claim over them. 2…
2Cases cited9 opinions
- People's Trust Co. v. . SmithNew York Court of Appeals · 1915
- Le Marchant v. . MooreNew York Court of Appeals · 1896
- Oscar Gruss & Son v. First State Bank of Eldorado and Philip Kane and Ralph W. ChoiserCourt of Appeals for the First Circuit · 1978
- Matthysse v. Securities Processing Services, Inc.District Court, S.D. New York · 1977
- In Re McMillan, Rapp & Co.Court of Appeals for the Third Circuit · 1941
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3Cited by3 opinions
- In Re Lion Capital GroupUnited States Bankruptcy Court, S.D. New York · 1985
- Jonas v. Farmer Bros. (In Re Comark)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
- In Re Keene Corp.United States Bankruptcy Court, S.D. New York · 1995