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FIFTH THIRD BANK OF TOLEDO, N.A. v. DZIERSK

No. 92-3821.

12 F.3d 600 (1993)

FIFTH THIRD BANK OF TOLEDO, N.A.; Gerald B. Strasbourg, Plaintiffs-Appellees, v. Dieter DZIERSK, Defendant, National Bank of Royal Oak, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 22, 1993.

Attorney(s) appearing for the Case

Barry F. Hudgin (argued and briefed), Schnorf, Schnorf & Ballard and Raymond L. Beebe, Hatcher, Diller, Rice & Beebe, Toledo, OH, for plaintiffs-appellees.

Gerald L. Mills (argued and briefed), Herschel, Accettola, Bloom & Associates and Barry E. Savage (briefed), Savage, Jordan, Giha & Ballard, Toledo, OH, for defendant-appellant.

Before: MARTIN and BOGGS, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

National Bank of Royal Oak appeals summary judgment in favor of Fifth Third Bank of Toledo. This diversity action originated when Fifth Third encountered problems with a $100,000 loan that it made to two individuals. Fifth Third filed a claim seeking repayment from Royal Oak, where the debtors deposited the loan proceeds. Fifth Third claims that Royal Oak breached its warranty of good title, issued pursuant to Ohio Revised Code...

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