LEWIS v. TELEPHONE EMPLOYEES CREDIT UNION

Nos. 94-56045, 94-56049 and 94-56077.

87 F.3d 1537 (1996)

Margaret LEWIS, Plaintiff-Appellant, v. TELEPHONE EMPLOYEES CREDIT UNION; Universal Savings Bank; Bay View Federal Savings and Loan Association; The Bank of America, Defendants-Appellees, American Independent Bank; Willie Gillyard; Mahogany Check Cashing; Defendants-cross-defendants Appellees, City National Bank, Defendant-cross-claimant-Appellee. Angus G. MacLEOD, as personal representative of the estate of Jean P. MacLeod, Plaintiff-Appellant, v. Willie J. GILLYARD; Mahogany Check Cashing, Defendants-Appellees. Angus G.S. MacLEOD, as personal representative of the estate of Jean P. MacLeod, Plaintiff-Appellant, v. KODAMA-SCHULMAN, INC.; George Schulman; Doe Kodama; Doe Oswalt; Doe 1 a/k/a "Ira Singerman"; Willie T. Gillyard; Mahogany Check Cashing; American Independent Bank; Glendale Federal Bank; Sumitomo Bank of California; Federal Home Loan Bank, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 20, 1996.


Attorney(s) appearing for the Case

Angus M. MacLeod, Wilke, Fleury, Hoffelt, Gould & Birney, Sacramento, California, for appellants.

Greta T. Hutton, Knapp, Peterson & Clarke, Glendale, California, for Telephone Employees Credit Union.

Kenneth R. Wachtel, Leland, Parachini, Steinberg, Flinn, Matzger & Melnick, San Francisco, California, for Sumitomo Bank of California.

Jacob J. Stettin, Stettin and Cass, Los Angeles, California, for Universal Savings Bank and Bay View Federal Bank.

Nancy R. Tragarz, Prenovost, Normandin, Bergh & Dawe, Santa Ana, California, for American Independent Bank.

Jeffrey C. Briggs, Gibson, Dunn & Crutcher, Los Angeles, California, for Willie J. Gillyard & Mahogany Check Cashing.

Stephen T. Hicklin, Howard, Everakes & Associates, Glendale, California, for Glendale Federal Bank.

Gregory J. Hughes and Benjamin Webster, Pillsbury, Madison & Sutro, Sacramento, California, for Federal Home Loan Bank of San Francisco.

Diane Wemple Baxa, Office of the General Counsel, Beverly Hills, California, for City National Bank.

F. Thomas Eck, IV, Office of General Counsel, Los Angeles, California, for Bank of America.

George Schulman, Kodama-Schulman, Inc., Newport Beach, California, in propria persona.

Before BRIGHT, NORRIS, and WIGGINS, Circuit Judges.


WIGGINS, Circuit Judge:

Two elderly women, Jean P. MacLeod and Margaret Lewis, were separately swindled out of hundreds of thousands of dollars by telephone fraud artists who persuaded the women to write numerous personal, cashier's, and teller's checks, purportedly for investment in valuable coins and gems. MacLeod's estate and Lewis each filed suit against the check cashing company that cashed most of the checks, the principals of a suspended corporation that received...

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