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FUNDACION MUSEO DE ARTE CONTEMPORANEO DE CARACAS v. CBI-TDB UNION BANCAIRE PRIVEE

No. 93 Civ. 6870(PKL).

996 F.Supp. 277 (1998)

FUNDACION MUSEO DE ARTE CONTEMPORANEO DE CARACAS— SOFIA IMBER, Plaintiff, v. CBI-TDB UNION BANCAIRE PRIVEE and Republic National Bank of New York, Defendants.

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

March 4, 1998.

Attorney(s) appearing for the Case

Allegaert Berger & Vogel L.L.P., New York City, Michael S. Vogel, of counsel, Arent Fox Kintner Plotkin & Kahn, New York City, Janine M. Gargiulo, of counsel, Bainbridge & Straus, L.L.P., Birmingham, AL, Michael Straus, of counsel, for plaintiff.

Kronish, Lieb, Weiner & Hellman L.L.P., New York City, Celia Goldwag Barenholtz, of counsel, Stephen A. Wieder, of counsel, Cindi R. Brandt, of counsel, for Defendant Republic National Bank of New York.

LeBoeuf, Lamb, Greene & MacRae L.L.P., New York City, John S. Kinzey, of counsel, James E. Schwartz, of counsel, for Defendant CBI-TDB Union Bancaire Privee.

OPINION AND ORDER

LEISURE, District Judge.

A two-week bench trial was held in September, 1997, in this diversity action for paying on an unauthorized signature, money had and received, conversion, and aiding and abetting a theft. Based on the following findings of fact and conclusions of law, the Court holds that neither defendant is liable to plaintiff for the proceeds of the unauthorized check that lies at the heart of this action.

FINDINGS...

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