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FIRST AMER. SAV. v. M & I BANK OF MENOMONEE FALLS

No. 88-1214.

865 F.2d 561 (1989)

FIRST AMERICAN SAVINGS, FA v. M & I BANK OF MENOMONEE FALLS Appeal of FIRST AMERICAN SAVINGS, F.A.

United States Court of Appeals, Third Circuit.

Decided January 9, 1989.

Attorney(s) appearing for the Case

Walter Weir, Jr. (argued), Robert D. Sayre, Klehr, Harrison, Harvey, Branzburg, Ellers & Weir, Philadelphia, Pa., for appellant.

Gregory M. Harvey (argued), Morgan, Lewis & Bockius, Philadelphia, Pa., Thomas A. Churchill, Churchill, Duback & Smith, Milwaukee, Wis., for appellee.

Before STAPLETON and MANSMANN, Circuit Judges, and FISHER, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

In this appeal we must determine the relationship between a paying bank's liability for failure to notify a depositary bank of a check's dishonor as required by Federal Reserve Regulation J, 12 C.F.R. § 210:1 et seq. ("Regulation J"), and a depositary bank's liability for breach warranty under the Uniform Commercial Code, 13 Pa.C.S.A. § 4207(a)(1) ("UCC"), and Regulation J, 12 C.F.R. §...

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