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DOW CITY CEMETERY v. DEFIANCE STATE BANK

No. 97-1822.

596 N.W.2d 77 (1999)

DOW CITY CEMETERY ASSOCIATION, Appellant, v. DEFIANCE STATE BANK, Appellee.

Supreme Court of Iowa.

July 8, 1999.

Attorney(s) appearing for the Case

Bradley J. Nelson of Norelius & Nelson, P.C., Denison, for appellant.

Jeffrey L. Larson of Larson, Childs, Hall & Christensen, P.C., Harlan, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, NEUMAN, SNELL, and CADY, JJ.

McGIVERIN, Chief Justice.

Plaintiff Dow City Cemetery Association filed a breach of contract action against defendant Defiance State Bank after it discovered that its secretary/treasurer had embezzled more than $59,000 through wrongful transfers and withdrawals of funds from accounts held at defendant bank. Plaintiff asserted that the bank breached its contracts with plaintiff by allegedly allowing plaintiff's secretary/treasurer to make transfers and withdrawal of...

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