Bank of America National Trust & Savings Association, Etc. v. Socrates Mamakos

Bank of America National Trust & Savings Association (the bank), plaintiff in this interpleader action, appeals from denial of its motion for relief from judgment under Rule 60(b), F.R.Civ.P. We affirm.

On December 1, 1971, William Weeks deposited in the commercial checking account which he and his wife maintained at the bank’s Cloverdale branch a check drawn on a Florida bank for $13,-500. On December 3, 1971, the Internal Revenue Service (IRS) filed a notice of tax lien against the Weeks’ property and served on the Cloverdale branch a notice of levy (in the amount of $670,190) against the Weeks’ account. Also on December 3, or slightly before that date, Socrates Mamakos, attorney for the Weeks, presented for payment a $13,500 check drawn on their account. The Florida check had not yet cleared, and Mamakos was told that the check could not be honored for want of sufficient funds. Later, the Florida check was paid and $13,500 was credited to the Weeks’ account.

On December 9, 1971, Mamakos wrote a letter to the bank’s attorneys claiming that he was entitled to the money in his clients’ account by virtue of his presentment of their check before the IRS levy. As Mamakos…