UNITED STATES FID. & GUAR. v. FEDERAL RESERVE BANK

Nos. 83 Civ. 3310-CSH, 84 Civ. 6950-CSH.

620 F.Supp. 361 (1985)

UNITED STATES FIDELITY AND GUARANTY COMPANY and Union Trust Company of Maryland, Plaintiffs, v. The FEDERAL RESERVE BANK OF NEW YORK, Defendant and Third-Party Plaintiff, v. STATE BANK OF ALBANY, Philadelphia National Bank and First Pennsylvania Bank, Third-Party Defendants. UNITED STATES FIDELITY AND GUARANTY COMPANY and Union Trust Company of Maryland, Plaintiffs, v. The PHILADELPHIA NATIONAL BANK and First Pennsylvania Bank, Defendants.

United States District Court, S.D. New York.

October 8, 1985.


Attorney(s) appearing for the Case

Duer & Taylor, New York City, Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for plaintiffs; Frank C. McLaughlin, Jr., New York City, Daniel Mungall, Jr., David C. Franceski, Jr., Philadelphia, Pa., of counsel.

James H. Oltman, Gen. Counsel, New York City, for defendant and third-party plaintiff Federal Reserve Bank of New York; Thomas C. Baxter, Jr., Asst. Counsel, Ernest T. Patrikis, Deputy Gen. Counsel, Don N. Ringsmuth, Asst. Gen. Counsel, Elizabeth A. Glenn, Ashby G. Hilsman, of counsel.

Donovan, Leisure, Newton & Irvine, Louis C. Lustenberger, Joseph L. Clasen, III, New York City, for third-party defendant State Bank of Albany; McNamee, Lochner, Titus & Williams, P.C., Albany, N.Y., of counsel.

Morgan, Lewis & Bockius, Philadelphia, Pa., for defendant and third-party defendant The Philadelphia Nat. Bank; Gregory M. Harvey, Philadelphia, Pa., James W. Harbison, Jr., New York City, of counsel.

Saul, Ewing, Remick & Saul, Philadelphia, Pa., for defendant and third-party defendant First Pennsylvania Bank; Miles H. Shore, J. Dennis Faucher, Clarence D. Armbrister, William Charles Dixon, of counsel.


HAIGHT, District Judge:

Plaintiff Union Trust Company of Maryland ("Union Trust") and its insurer, United States Fidelity and Guaranty Company, brought this action to recover damages caused by a clever check fraud perpetrated upon Union Trust by a nonparty. Following denial of its motion to dismiss, in an opinion reported at 590 F.Supp. 486 (hereafter cited as "USF & G I"), defendant Federal Reserve Bank of New York...

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