January 3, 1994
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 93-1872
JOHN W. DEVORE,
AND VINNIE E. DEVORE,
Plaintiffs, Appellants,
v.
FEDERAL SAVINGS BANK OF DOVER, NEW HAMPSHIRE,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Gene Carter, U.S. District Judge]
Before
Breyer, Chief Judge,
Selya and Cyr, Circuit Judges.
John W. Devore and Vinnie E. Devore on brief pro se.
Edward S. MacColl and Thompson, McNaboe, Ashley & Bull on brief
for appellee.
Per Curiam. Having reviewed the record and the parties'
submissions, we find that the district court acted properly
in dismissing appellants' complaint for failure to state a
claim and in granting appellee's motion for summary judgment
on its counterclaim. The appellants' central claim--that
Federal Reserve Notes are not lawful currency and so cannot
be used as legal tender for private debts--is frivolous.1
We likewise find their subsidiary allegations to be without
merit, substantially for the reasons cited by the district
court.
The judgment is affirmed. Appellants' motion for stay
and appellee's renewed motion for summary disposition are
each denied as moot.
1. See, e.g., Juilliard v. Greenman, 110 U.S. 421, 448
(1884) ("Congress is authorized to establish a national
currency, either in coin or in paper, and to make that
currency lawful money for all purposes, as regards the
national government or private individuals"); Edgar v. Inland
Steel Co., 744 F.2d 1276, 1278 n.4 (7th Cir. 1984) (per
curiam) (rejecting argument that "federal reserve notes are
not money"); Foret v. Wilson, 725 F.2d 254, 254-55 (5th Cir.
1984) (per curiam) (rejecting argument that "only gold and
silver coin may be constituted legal tender"); United States
v. Ware, 608 F.2d 400, 402-04 (10th Cir. 1979); United States
v. Anderson, 584 F.2d 369, 374 (10th Cir. 1978); United
States v. Schmitz, 542 F.2d 782, 785 (9th Cir. 1976), cert.
denied, 429 U.S. 1105 (1977); Milam v. United States, 524
F.2d 629, 630 (9th Cir. 1974); see also Howe v. United
States, 632 F. Supp. 700, 701 (D. Mass.), aff'd, 802 F.2d 440
(1st Cir. 1986) (table), cert. denied, 479 U.S. 1066 (1987).