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FIRST VA. BANK-COLONIAL v. PROVIDENT STATE BANK

Civ. No. HAR 83-2789.

582 F.Supp. 850 (1984)

FIRST VIRGINIA BANK-COLONIAL v. PROVIDENT STATE BANK.

United States District Court, D. Maryland.

April 4, 1984.

Attorney(s) appearing for the Case

Joel M. Savits, Kevin P. Kennedy, David P. Durbin, John T. Coyne, Jordan, Coyne, Savits & Lopata, Rockville, Md., for plaintiff.

Richard M. Kremen, David Musgrave, Semmes, Bowen & Semmes, Baltimore, Md., for defendant.

HARGROVE, District Judge.

This is a case arising under the diversity jurisdiction of this Court, 28 U.S.C. § 1332 (1976), in which a payor bank (see MD. COM. LAW CODE ANN. [hereinafter UCC] § 4-105(b) (1975)) seeks recovery against a depositary bank (see UCC § 4-105(a)) for breach of the presentment warranty of good title, UCC § 4-207(1)(a). The case is before the Court on the plaintiff's motion for summary judgment. No oral hearing is deemed necessary...

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