Legal Opinion

Fifth Third Bank of Toledo, N.A. Gerald B. Strasbourg v. Dieter Dziersk, National Bank of Royal Oak

Court of Appeals for the Third Circuit

Decided December 22, 1993No. 92-3821PublishedCited by 6 opinions

1Opinion of the Court

BOYCE F. MARTIN, Jr., Circuit Judge.

National Bank of Royal Oak appeals summary judgment in favor of Fifth Third Bank of Toledo. This diversity action originated when Fifth Third encountered problems with a $100,000 loan that it made to two individuals. Fifth Third .filed a claim seeking repayment from Royal Oak, where the debtors deposited the loan proceeds. Fifth Third claims that Royal Oak breached its warranty of good title, issued pursuant to Ohio Revised Code § 1304.13 (U.C.C. § 4-207), by accepting the deposit of a $100,000 cashier’s check even though the cashier’s check lacked the…

2Cases cited7 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. William G. Brooks v. American Broadcasting Companies, Inc. Geraldo Rivera Charles C. Thompson and Maravilla Productions Company, Inc.Court of Appeals for the Sixth Circuit · 1991
  3. Perini Corp. v. First National BankCourt of Appeals for the Fifth Circuit · 1977
  4. Fireman's Fund Insurance v. Security Pacific National BankCalifornia Court of Appeal · 1978
  5. G.F.D. Enterprises, Inc. v. NyeOhio Supreme Court · 1988

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Halifax Corp. v. Wachovia BankSupreme Court of Virginia · 2004
  2. Micro Experts, Inc. v. Edison Technologies, Inc.Ohio Court of Appeals · 1997
  3. Derek W. v. Frank Bisignano, Commissioner of Social Security AdministrationDistrict Court, E.D. Missouri · 2026
  4. Smith v. United StatesDistrict Court, M.D. Tennessee · 2020
  5. Smith v. United StatesDistrict Court, M.D. Tennessee · 2020

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API