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HUSKER NEWS v. SOUTH OTTUMWA SAV. BANK

No. 90-1598.

482 N.W.2d 404 (1992)

HUSKER NEWS COMPANY, Appellant, v. SOUTH OTTUMWA SAVINGS BANK, Ottumwa, Iowa; Pella National Bank, Pella, Iowa; Mahaska State Bank, Oskaloosa, Iowa; Iowa Trust & Savings Bank, Oskaloosa, Iowa; L & A Food Stores, Inc. d/b/a Pella's Super Valu, Appellees. PELLA NATIONAL BANK, South Ottumwa Savings Bank, Mahaska State Bank, and Iowa Trust and Savings Bank, Appellees, v. IOWA STATE SAVINGS BANK, Appellee/Cross-Appellant, and Walter Hopf, Third-Party Defendant.

Supreme Court of Iowa.

March 18, 1992.

Attorney(s) appearing for the Case

Richard B. Bauerle and Gregory G. Milani of Keith, Orsborn, Bauerle, Milani & Neary, Ottumwa, for appellant.

Jon P. Sullivan of Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, for appellee Iowa State Sav. Bank.

Carol A. Wendl of Neiman, Neiman, Stone & Spellman, P.C., Des Moines, for appellee Pella National Bank.

James M. Box of Box & Box, Ottumwa, for appellee South Ottumwa Sav. Bank.

James M. Hansen of Clements, Pabst, Hansen & Maughan, Oskaloosa, for appellee Iowa Trust & Savings Bank.

Paul D. Hietbrink and James H. Gilliam of Brown, Winick, Graves, Donnelly, Baskerville & Schoenebaum, Des Moines, for appellee L & A Foods, Inc. d/b/a Pella Super Valu.

Considered by HARRIS, P.J., and LARSON, LAVORATO, NEUMAN, and ANDREASEN, JJ.

HARRIS, Justice.

This tort suit, asserting a conversion claim under the uniform commercial code and seeking recovery for negligence, is an attempt by an employer to collect for the fraudulent appropriation of funds by one of its own employees. Defendants are plaintiff's customers, the customers' banks, and the employee's bank. Prior appeals, arising from the same litigation, were on an issue not involved here. See Vander...

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