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E.S.P., INC. v. MIDWAY NAT. BANK

No. C1-90-2356.

466 N.W.2d 417 (1991)

E.S.P., INC., Respondent, v. MIDWAY NATIONAL BANK OF ST. PAUL, Defendant, Appellant. MIDWAY NATIONAL BANK OF ST. PAUL, Third Party Plaintiff, Respondent, v. FIRST BANK ROBBINSDALE, Third Party Defendant, Appellant.

Court of Appeals of Minnesota.

Review Denied April 29, 1991.

Attorney(s) appearing for the Case

Robert G. Share, Briggs & Morgan, Minneapolis, for E.S.P., Inc., respondent.

John C. Thomas, Shannon M. O'Toole, Oppenheimer, Wolff & Donnelly, Minneapolis, for Midway Nat. Bank of St. Paul, defendant, appellant.

Robert W. Murnane, Murnane, Conlin, White, Brandt & Hoffman, St. Paul, for Midway Nat. Bank of St. Paul, third party plaintiff, respondent.

John C. Thomas, Shannon M. O'Toole, Oppenheimer, Wolff & Donnelly, Minneapolis, for First Bank Robbinsdale, third party defendant, appellant.

Considered and decided by FORSBERG, P.J., and PARKER and AMUNDSON, JJ.

OPINION

PARKER, Judge.

Midway National Bank of St. Paul and First Bank Robbinsdale appeal from summary judgment for ESP, Inc., imposing absolute liability on Midway for paying a fraudulently endorsed check. First Bank appeals separately from summary judgment for Midway awarding Midway its attorney fees incurred in defending against ESP's conversion claim and in establishing First Bank's warranty liability to Midway. We affirm in part, reverse in part and...

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