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Director of the Department of Revenue of Montana v. Department of the Treasury

Certiorari Denied

Petition for certiorari denied on May 28, 2013.

Docket No.12-926
Op. Below3d Cir.

Issue

(1) Whether the federal savings bond statute and regulations impliedly preempt longstanding state unclaimed property laws, where the statute and regulations are wholly silent on the treatment of unclaimed bonds and where Congress has expressly preempted state unclaimed property laws in numerous other contexts; and (2) whether application of state unclaimed property laws to unclaimed U.S. savings bonds owned by state residents violates the intergovernmental immunity doctrine, where these laws reflect the states" exercise of constitutionally reserved escheat power.

Proceedings & orders timeline

Dec 3, 2012
Application (12A569) to extend the time to file a petition for a writ of certiorari from December 26, 2012 to January 23, 2013, submitted to Justice Alito.
Dec 5, 2012
Application (12A569) granted by Justice Alito extending the time to file until January 23, 2013.
Jan 23, 2013
Petition for a writ of certiorari filed. (Response due February 25, 2013)
Feb 20, 2013
Order extending time to file response to petition to and including March 27, 2013.
Feb 25, 2013
Brief amici curiae of Kentucky, et al. filed.
Mar 26, 2013
Order further extending time to file response to petition to and including April 26, 2013.
Apr 26, 2013
Brief of respondents Department of the Treasury, et al. in opposition filed.
May 6, 2013
Reply of petitioners Director of the Department of Revenue of Montana, et al. filed.
May 7, 2013
DISTRIBUTED for Conference of May 23, 2013.
May 28, 2013
Petition DENIED.

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