Legal Opinion

United States v. Harvey Rubenstein, Bernard C. Sherman, Claimant-Appellant v. City National Bank, Cross-Claimant-Appellee

Court of Appeals for the Ninth Circuit

Decided July 24, 1992No. 90-30277, 90-30265PublishedCited by 28 opinions

1Opinion of the Court

TANG, Circuit Judge:

Dr. Bernard C. Sherman appeals from an order of the district court denying his motion for release of bail funds and granting City National Bank’s motion to compel the Oregon district court clerk to comply with the bank’s writ of garnishment. The district court concluded that ownership of the bail funds, which were advanced by Sherman to secure the release of criminal defendant Harvey Rubenstein, had passed from Sherman to Rubenstein. Accordingly, the district court held that Rubenstein’s judgment creditor, City National Bank, was entitled to garnish bail funds remaining…

2Cases cited25 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  3. Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
  4. Pennzoil Co. v. Texaco Inc.Supreme Court of the United States · 1987
  5. Lehman Brothers v. ScheinSupreme Court of the United States · 1974

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3Cited by28 opinions

  1. Intel Corporation v. Advanced Micro Devices, Inc.Court of Appeals for the Ninth Circuit · 1993
  2. Williams v. Costco Wholesale Corp.Court of Appeals for the Ninth Circuit · 2006
  3. Capital Tracing, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1995
  4. 96 Cal. Daily Op. Serv. 4326, 96 Daily Journal D.A.R. 7037, 96 Daily Journal D.A.R. 9443 Fireman's Fund Insurance Company, and the American Insurance Company National Surety Corp. Associated Indemnity Corporation v. Chuck Quackenbush, Commissioner, California Insurance CompaniesCourt of Appeals for the Ninth Circuit · 1996
  5. Charles W. White v. Federal Deposit Insurance Corporation, as Receiver for Texas American Bank-Galleria, Federal Deposit Insurance Corporation, as Successor in Interest to Ncnb Texas National Bank v. Toni Y. Kozak, Trustee of Black Family Trust, Howard R. Block, Porter & Clements and John E. O'neill, Intervenors-AppellantsCourt of Appeals for the Fifth Circuit · 1994

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