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LUND v. CHEMICAL BANK

No. 84 Civ. 1621 (RWS).

797 F.Supp. 259 (1992)

Russell T. LUND, Jr., Lund's Inc. and Wardwell M. Montgomery, Plaintiffs, v. CHEMICAL BANK, Defendant. CHEMICAL BANK, Third-Party Plaintiff, v. LAIDLAW ADAMS & PECK, INC., Third-Party Defendant.

United States District Court, S.D. New York.

June 23, 1992.

Attorney(s) appearing for the Case

Fredrikson & Byron, P.A., Minneapolis (Ted S. Meikle, of counsel), Dorsey & Whitney, New York City (Susan Lesinski, of counsel), for plaintiff Russell T. Lund, Jr.

Parker Chapin Flattau & Klimpl, New York City (Stephen G. Rinehart, of counsel), for plaintiff Wardwell M. Montgomery.

Chemical Bank Legal Dept., New York City (Eileen J. Berkman, James L. Condren, of counsel), for defendant Chemical Bank.

OPINION

SWEET, District Judge.

Plaintiffs Russell T. Lund, Jr. ("Lund") and Wardwell M. Montgomery ("Montgomery") seek in this diversity action to recover from defendant Chemical Bank ("Chemical") for the amounts of two checks dated March 9, 1981, drawn on Chemical (the "Checks"). The Checks, one in the amount of $716,946 and the other for $46,056, were fraudulently negotiated by William T. Rubin ("Rubin"). As set forth in the following findings of fact...

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