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FIRST TENNESSEE BANK NATIONAL ASSOCIATION v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY

Nos. 11-1781, 11-1782

FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Intervenor/Plaintiff-Appellant, and GLOBAL TITLE, LLC, Third Party Plaintiff, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Third Party Defendant-Appellee. GLOBAL TITLE, LLC, Third Party Plaintiff-Appellant, and FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Intervenor/Plaintiff, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Third Party Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 21, 2012.

Attorney(s) appearing for the Case

ARGUED: Paul Peter Vangellow , Falls Church, Virginia; Clarence A. Wilbon , BASS, BERRY & SIMS PLC, Memphis, Tennessee, for Appellants.

Christopher J. Bannon , ARONBERG GOLDGEHN DAVIS & GARMISA, Chicago, Illinois, for Appellee.

ON BRIEF: Annie T. Christoff , BASS, BERRY & SIMS PLC, Memphis, Tennessee; Michael P. Falzone , HIRSCHLER FLEISCHER, Richmond, Virginia, for Appellant First Tennessee Bank National Association.

Bruin S. Richardson , LECLAIRRYAN, Richmond, Virginia, for Appellee.

Vacated and remanded by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Global Title, LLC, served as the closing agent for mortgage loans originated by Financial Mortgage, Inc. ("FMI"), and funded by First Tennessee National Bank. After learning that three scheduled loans would not close, Global returned the unused funds to FMI instead of First Tennessee. FMI's president absconded with the funds. Unable to recover the funds from FMI, First...

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