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United States Seventh Circuit


Wachovia Bank, N.A. v. Foster Bancshares, Inc., 05-3703

Declaratory judgment that a depositary bank must indemnify the issuing bank for a check which was fraudulently deposited by a third party is affirmed where the presumption must be that the check was altered, and not forged, thus placing the case within the ambit of the Uniform Commercial Code's "presentment warranty."

Appellate Information

  • Argued 05/11/2006
  • Decided 07/24/2006
  • Published 07/24/2006

Judges

  • POSNER, Circuit Judge., Before POSNER, EASTERBROOK, and WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Roger A. Lewis (argued), Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Chicago, IL, for Plaintiff-Appellee., Stanley R. Parker (argued), Parker & Hay, Topeka, KS, for Defendants-Appellants.
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