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MAY DEPARTMENT STORES CO. v. PITTSBURGH NATIONAL BANK

No. 16035.

374 F.2d 109 (1967)

MAY DEPARTMENT STORES COMPANY, a Corporation, Appellant, v. PITTSBURGH NATIONAL BANK, a Corporation.

United States Court of Appeals Third Circuit.

Decided February 9, 1967.

Attorney(s) appearing for the Case

Harry W. Miller, Pittsburgh, Pa. (Thomas Levendos, Royston, Robb, Leonard, Edgecombe & Miller, Pittsburgh, Pa., on the brief), for appellant.

Thomas M. Kerr, Jr., Pittsburgh, Pa. (Richard B. Tucker, Jr., Edward A. Mihalik, Patterson, Crawford, Arensberg & Dunn, Pittsburgh, Pa., on the brief), for appellee.

Before HASTIE, GANEY and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This is an appeal from summary judgment entered for the defendant after these facts were established without contradiction. An employee of the plaintiff, May Department Stores Co., fraudulently caused the plaintiff to draw its checks payable to fictitious suppliers. The wrongdoing employee then forged the endorsements of the fictitious payees, cashed the checks at the defendant bank and converted the proceeds. The bank charged...

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