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
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…
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