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WELLS FARGO BANK, N.A. v. FIFTH THIRD BANK

Case No. 1:12-CV-794.

931 F.Supp.2d 834 (2013)

WELLS FARGO BANK, N.A., Plaintiff, v. FIFTH THIRD BANK, Defendant.

United States District Court, S.D. Ohio, Western Division.

March 14, 2013.

Attorney(s) appearing for the Case

Bartholomew L. McLeay, Suzanne M. Shehan, Kutak Rock, LLP, Omaha, NE, Raymond William Lembke, Cincinnati, OH, for Plaintiff.

Glenn Virgil Whitaker, David Frederick Hine, Eric Wade Richardson, Kent Allen Britt, Vorys Sater Seymour & Pease LLP, Cincinnati, OH, for Defendant.

ORDER

SANDRA S. BECKWITH, Senior District Judge.

This matter is before the Court on Defendant Fifth Third Bank's motion to dismiss Count II of Plaintiff Wells Fargo Bank N.A.'s Complaint. For the reasons set forth below, Defendant's partial motion to dismiss is well-taken and is GRANTED.

I. Background

Plaintiff Wells Fargo Bank, N.A. ("Wells Fargo") presents claims against Defendant Fifth Third Bank ("Fifth Third...

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