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JOHN HANCOCK FINANCIAL SERVS. v. OLD KENT BANK

Nos. 02-1288/1307.

346 F.3d 727 (2003)

JOHN HANCOCK FINANCIAL SERVICES, INC., Plaintiff-Appellee/Cross-Appellant, v. OLD KENT BANK, Defendant-Appellant/Cross-Appellee, Michigan National Bank; Patrick W. Sherman; Standard Federal Bank, successor by merger to Michigan National Bank, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 10, 2003.

Attorney(s) appearing for the Case

ARGUED: Molly E. McManus, WARNER, NORCROSS & JUDD, Grand Rapids, Michigan, for Appellant.

Francis R. Ortiz (argued and briefed), Dickinson, Wright, PLLC, Detroit, Michigan, for Plaintiff-Appellee Cross-Appellant.

ON BRIEF: Molly E. McManus (argued and briefed), Nathaniel R. Wolf (briefed), Warner, Norcross & Judd, Grand Rapids, Michigan, for Defendant-Appellant Cross-Appellee.

Francis R. Ortiz, DICKINSON WRIGHT, PLLC, Detroit, Michigan, for Appellee.

Gary J. Galopin, Standard Federal Bank, Legal Department, Troy, MI, Charles E. Chamberlain, Jr., Willey & Chamberlain, Grand Rapids, MI, for Defendants.

Before: MERRITT, MOORE, and GILMAN, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

RONALD LEE GILMAN, Circuit Judge.

John Hancock Financial Services, Inc., a Delaware corporation, sued Old Kent Bank, a Michigan corporation, to recover check proceeds converted by Old Kent and paid to one of John Hancock's agents, Patrick Sherman. The checks were drawn on the accounts of several clients of John Hancock, were made payable to John Hancock, and...

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