WOLVERTON FARMERS ELEVATOR v. FIRST AM. BANK

No. 87-5532.

851 F.2d 223 (1988)

WOLVERTON FARMERS ELEVATOR, Appellant, v. FIRST AMERICAN BANK OF RUGBY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 7, 1988.


Attorney(s) appearing for the Case

Jeffrey R. Hannig, Moorhead, Minn., for appellant.

Brooks F. Poley, St. Paul, Minn., for appellee.

Before HEANEY, BOWMAN, and BEAM, Circuit Judges.


PER CURIAM.

Wolverton Farmers Elevator (Wolverton) appeals from the magistrate's1 order dismissing its diversity action seeking to recover the face value (plus interest) of four checks on which it was the payee. Following a hearing, the magistrate found that the checks drawn on appellee First American Bank of Rugby (First American) and returned for insufficient funds were not presented for purposes of the midnight deadline rule, N.D.Cent...

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