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SAVINGS BANKS TRUST CO. v. FEDERAL RESERVE BANK

No. 1355, Docket 84-7129.

738 F.2d 573 (1984)

SAVINGS BANKS TRUST COMPANY, Plaintiff-Appellant, v. FEDERAL RESERVE BANK OF NEW YORK, Defendant-Appellee, and American Savings Bank, Defendant.

United States Court of Appeals, Second Circuit.

Decided June 27, 1984.

Attorney(s) appearing for the Case

Peter J. Mastaglio, Garden City, N.Y. (Terry D. Weissman, Cullen & Dykman), Garden City, N.Y., for plaintiff-appellant.

Joseph P. Dailey, New York City (Joseph J. Tesoriero, Breed, Abbott & Morgan), New York City, for defendant-appellee.

Before OAKES and WINTER, Circuit Judges, and MISHLER, District Judge.

PER CURIAM:

The present case arose out of the theft of a signed but otherwise incomplete teller's check drawn on an account maintained by Franklin Savings Bank with the plaintiff, Savings Banks Trust Company ("Savings"). Savings received a written stop payment order with respect to the check in question from Franklin. Persons not involved in the present litigation completed the check and proceeded to deposit it in a North Carolina bank. The check came into possession...

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