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CUMIS INS. SOC., INC. v. GIRARD BANK

Civ. A. No. 80-2038.

522 F.Supp. 414 (1981)

CUMIS INSURANCE SOCIETY, INC. v. GIRARD BANK.

United States District Court, E. D. Pennsylvania.

As Amended September 8, 1981.

Attorney(s) appearing for the Case

S. Gordon Elkins, Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for plaintiff.

Nolan Atkinson, Jr., Atkinson, Myers, Archie & Wallace, Philadelphia, Pa., for defendant.

OPINION

JOHN MORGAN DAVIS, Senior District Judge.

I. Introduction

This is a diversity action brought by plaintiff insurer, as subrogee, to recover sums allegedly improperly debited from its insured's checking account by the defendant. Before the court are cross-motions for summary judgment pursuant to Fed.R. Civ.P. 56.1 After reviewing the memoranda in regard to the respective motions and holding oral arguments...

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