OPINION
ROBERT L. CARTER, District Judge.
Plaintiff Third Avenue Trust ("Third Avenue") instituted this action against defendant SunTrust Bank ("SunTrust") to recover monies paid on two assignments. Third Avenue moves for partial summary judgment pursuant to Rule 56, F.R. Civ. P. SunTrust opposes this motion.
BACKGROUND
Plaintiff Third Avenue is a Delaware business trust, with its principal place of business in New York, New York...
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