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APCOA, INC. v. FIDELITY NAT. BANK

No. 89-8313.

906 F.2d 610 (1990)

APCOA, INC. and Federal Insurance Company, Plaintiffs-Appellees, v. FIDELITY NATIONAL BANK, Defendant-Appellant, Third-Party Plaintiff, v. Dolly ISON, a/k/a Dolly Medlin, a/k/a Dolly Medley, Third-Party Defendant.

United States Court of Appeals, Eleventh Circuit.

July 19, 1990.

Attorney(s) appearing for the Case

R. Phillip Shinall and Terrence McQuade, Glass McCullough Sherrill & Harrold, Atlanta, Ga., for defendant-appellant, third-party plaintiff.

C. David Hailey, John P. MacNaughton, Swift Currie McGhee & Hiers, and James A. Orr, Paul Hastings Janofsky & Walker, Atlanta, Ga., for plaintiffs-appellees.

Before CLARK, Circuit Judge, HILL, Senior Circuit Judge, and ATKINS, Senior District Judge.

ATKINS, Senior District Judge:

This action arose from a bank embezzlement scheme whereby an employee or employees of Apcoa, Inc. embezzled several hundred thousand dollars through bank accounts opened at Fidelity National Bank in Atlanta, Georgia. Appellant Fidelity National Bank1 appeals an order and judgment by the district court granting summary judgment for appellees/plaintiffs Apcoa, Inc. and Federal Insurance Company.

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