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LUFTHANSA GERMAN AIRLINES v. BANK OF AMERICA

No. C-78-2388-WWS.

478 F.Supp. 1195 (1979)

LUFTHANSA GERMAN AIRLINES, Plaintiff, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Defendant.

United States District Court, N. D. California.

October 31, 1979.

Attorney(s) appearing for the Case

Richard L. Ackerman, Paul S. Ferber, T. Scott Brooke, Herzfeld & Rubin, Los Angeles, Cal., for plaintiff.

Robert A. Padwya, George M. Duff, Theodore Sachsman, Douglas R. Backeberg, San Francisco, Cal., for defendant.

OPINION AND ORDER

SCHWARZER, District Judge.

Plaintiff Lufthansa German Airlines brought suit to recover $63,081.98 which, it alleged, was wrongfully charged back to its account by defendant Bank of America. Plaintiff and defendant have filed cross motions for summary judgment.

I.

FACTS

On June 15, 1978, Novo International Airfreight Corporation issued a check in favor of plaintiff in the amount of $63,081.98.

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