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COMMERCE BANK OF UNIVERSITY CITY v. EDCO FINANCIAL SERV.

No. 73C 758(4).

379 F.Supp. 293 (1974)

COMMERCE BANK OF UNIVERSITY CITY, a corporation, Plaintiff, v. EDCO FINANCIAL SERVICES, a corporation, Defendant.

United States District Court, E. D. Missouri, E. D.

June 11, 1974.

Attorney(s) appearing for the Case

Jerome M. Rubenstein, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., for plaintiff.

Theodore F. Schwartz, Clayton, Mo., for defendant.

MEMORANDUM

NANGLE, District Judge.

Plaintiff Commerce Bank of University City, as depositary bank and holder in due course, has moved for summary judgment against defendant EDCO Financial Services, the issuer and maker of two checks dishonored after plaintiff allowed the withdrawal of credit thereon by the payee. The existence of diversity of citizenship subject matter jurisdiction, granted by 28 U.S.C. § 1332, is admitted in the pleadings.

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