OPINION
SWEET, District Judge.
Defendant National Bank of North America ("NBNA") moves pursuant to Fed. R.Civ.P. 12(b) to dismiss Count II of plaintiff First Jersey National Bank's ("First Jersey") complaint for failure to state a claim upon which relief can be granted. For the reasons stated below, the motion is denied.
In September 1981, M.S. Wien & Co. ("Wien") issued three checks to its own order drawn on its account at NBNA. Wien deposited...
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