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ALPINE STATE BANK v. OHIO CAS. INS. CO.

Nos. 90-1561, 90-1802.

941 F.2d 554 (1991)

ALPINE STATE BANK, an Illinois banking corporation, Plaintiff-Appellee-Cross-Appellant, v. OHIO CASUALTY INSURANCE COMPANY, a corporation, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 23, 1991.

Attorney(s) appearing for the Case

Thomas D. Luchetti, James F. Black (argued), Rockford, Ill., for plaintiff-appellee.

James T. Ferrini, Charles A. Gilmartin, Cherie R. Galarnyk, Mark J. Seplak (argued), Clausen, Miller, Gorman, Caffrey & Witous, Chicago, Ill., for defendant-appellant.

Before FLAUM, RIPPLE, and KANNE, Circuit Judges.

RIPPLE, Circuit Judge.

A bank was sued for permitting a customer wrongfully to deposit misappropriated checks into his personal account. The bank filed a declaratory judgment action seeking the district court's determination of its rights under a bond issued by its insurance company to cover potential loss as a result of the wrongful deposits. The bank and the insurance company filed cross-motions for summary judgment. The court granted the bank's motion. The insurance...

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