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THORP COM. CORP. v. NORTHGATE INDUS., INC.

No. 80-1637.

654 F.2d 1245 (1981)

THORP COMMERCIAL CORPORATION, Appellee, v. NORTHGATE INDUSTRIES, INC., Roy E. Benson, Gerald Benson, Marsha Benson, Paul Gallick, Franklin National Bank of Minneapolis, Appellant. Jensen Contractors, Inc., and David DeZiel.

United States Court of Appeals, Eighth Circuit.

Decided July 21, 1981.

Attorney(s) appearing for the Case

Robert G. Share (argued), Levitt, Palmer, Bowen, Rotman & Share, Minneapolis, Minn., for appellant.

Edward J. Heiser, Jr. (argued), Michael T. Hart, Whyte & Hirschboeck, S. C., Milwaukee, Wis., for appellee.

Before BRIGHT, STEPHENSON and McMILLIAN, Circuit Judges.

McMILLIAN, Circuit Judge.

Franklin National Bank (the Bank) appeals from an order of the District Court for the District of Minnesota1 granting summary judgment to Thorp Commercial Corp. (Thorp) dismissing the Bank's counterclaim against Thorp for conversion. The conversion counterclaim arose out of Thorp's collection of proceeds from accounts receivable of a third party (the debtor, Northgate Industries, Inc.) who was indebted to both...

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