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CORSICA LIVESTOCK SALES v. SUMITOMO BANK OF CAL.

No. 82-1553.

726 F.2d 374 (1983)

CORSICA LIVESTOCK SALES, INC., a Corp., Appellant, v. The SUMITOMO BANK OF CALIFORNIA, Appellee. FIRST MITCHELL NATIONAL BANK, Appellant, v. The SUMITOMO BANK OF CALIFORNIA, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 30, 1983.

As Modified on Denial of Rehearing January 17, 1984.

Attorney(s) appearing for the Case

Gale Fisher, P.C., Sioux Falls, S.D., for appellants Corsica Livestock Sales, Inc. and First Mitchell Nat. Bank.

David B. Flinn, Leland, Parachini, Steinberg, Flinn, Matzger & Melnick, San Francisco, Cal., David V. Vrooman, Sioux Falls, S.D., for appellee.

Before HEANEY, ROSS and FAGG, Circuit Judges.

ROSS, Circuit Judge.

Corsica Livestock Sales, Inc. (Corsica Sales) and First Mitchell National Bank (Mitchell Bank) brought a diversity action to recover $307,648.02 from the Sumitomo Bank of California (Sumitomo) based upon the alleged mishandling of two checks which were presented to Sumitomo for payment. The jury returned a verdict in favor of the defendant, Sumitomo, and a judgment dismissing the action on the merits was entered in United States District Court...

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