FROST NAT. BANK v. MIDWEST AUTOHAUS, INC.

No. 99-3872.

241 F.3d 862 (2001)

FROST NATIONAL BANK, Plaintiff-Appellant, v. MIDWEST AUTOHAUS, INC., Robert P. Geekie, Jr., First of America Bank-Illinois, N.A. n/k/a National City Bank of Michigan/Illinois, and Michelle Geekie, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 23, 2001.

Rehearing and Rehearing Denied March 26, 2001.


Attorney(s) appearing for the Case

Maurice J. McCarthy (argued), Quinlan & Crisham, Chicago, IL, for Frost National Bank.

Valerie K. Smith, Sacks, Albrecht, Copeland, Herzog & Sacks, Kankakee, IL, for Midwest Autohaus, Inc., Robert P. Geekie, Jr. and Michelle Geekie.

Timothy J. Howard (argued), Howard & Howard, Peoria, IL, for First of America Bank of Kankakee County, N.A.

Before FLAUM, Chief Judge, KANNE and WILLIAMS, Circuit Judges.


Rehearing and Rehearing En Banc Denied March 26, 2001.

KANNE, Circuit Judge.

This case arises from the collapse of a check kiting scheme operated by account holders at Frost National Bank ("Frost"), plaintiff-appellant, and First of America Bank-Illinois ("FOA"), defendant-appellee. Frost asks us to find that the district court erroneously granted FOA's motion for summary judgment, dismissing Frost's claims accusing FOA of acting unlawfully in dealing with...

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