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IBP, INC. v. MERCANTILE BANK OF TOPEKA

No. Civ.A. 97-2176-GTV.

6 F.Supp.2d 1258 (1998)

IBP, INC., Plaintiff, v. MERCANTILE BANK OF TOPEKA, Meyer Land & Cattle Company, and Sylvan State Bank, Defendants.

United States District Court, D. Kansas.

June 2, 1998.

Attorney(s) appearing for the Case

Curtis L. Tideman, W. Joseph Hatley, Lathrop & Gage L.C., Overland Park, KS, for IBP, Inc., Plaintiff.

Timothy M. O'Brien, Celia K. Garrett, Shook, Hardy & Bacon L.L.P., Overland Park, KS, for Mercantile Bank of Topeka, Defendant.

David A. Hanson, Larry G. Karns, Glenn, Cornish, Hanson & Karns, Chtd., Topeka, KS, for Meyer Land & Cattle Co., Defendant.

Patricia A. Reeder, R. Patrick Riordan, Woner, Glenn, Reeder & Girard, Topeka, KS, for Sylvan State Bank, Defendant.

David A. Hanson, Larry G. Karns, Glenn, Cornish, Hanson & Karns, Chtd., Topeka, KS, for Meyer Land & Cattle Co., Cross-Defendant.

MEMORANDUM AND ORDER

VAN BEBBER, Chief Judge.

This case centers around a check cashed more than nine years after its issuance. Plaintiff, which wrote and delivered the check, commenced this action against the customer cashing the stale check, the bank at which the customer completed the transaction, and plaintiff's own bank. The case is before the court on the following:

(1) summary judgment...

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