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FUNDACION MUSEO DE ARTE CONTEMP. v. CBI-TDB UNION

No. 729, Docket 98-7516.

160 F.3d 146 (1998)

FUNDACION MUSEO DE ARTE CONTEMPORANEO DE CARACAS — SOFIA IMBER, Plaintiff-Counter-Defendant-Appellant, v. CBI-TDB UNION BANCAIRE PRIVEE, Defendant-Cross-Defendant-Cross-Claimant-Appellee, Republic National Bank of New York, Defendant-Counter-Claimant-Cross-Claimant-Cross-Defendant.

United States Court of Appeals, Second Circuit.

Decided November 18, 1998.

Attorney(s) appearing for the Case

Michael S. Vogel, New York City (Allegaert Berger & Vogel LLP; Michael Straus, Bainbridge & Straus, LLP, Birmingham, AL; Janine M. Gargiulo, Arent Fox Kintner Plotkin & Kahn, New York City, on the brief), for Plaintiff-Counter-Defendant-Appellant.

John S. Kinzey, New York City (James E. Schwartz, LeBoeuf, Lamb, Greene & MacRae, L.L.P., on the brief) for Defendant-Cross-Defendant-Cross-Claimant-Appellee.

Before: NEWMAN and JACOBS, Circuit Judges, and TSOUCALAS, Judge.

PER CURIAM:

In May of 1993, an account holder at Defendant CBI-TDB Union Bancaire Privée ("UBP") deposited into his UBP account a check which was drawn on the account of Fundacion Museo de Arte Contemporáneo de Caracas ("the Museum") and which bore the forged signature of the Museum's director. Alleging causes of action sounding in conversion and in money had and received, the Museum now seeks to recover the amount of the forged check from UBP.

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