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HERITAGE BANK v. LOVETT

No. 98-0917.

613 N.W.2d 652 (2000)

HERITAGE BANK, Appellant, v. Terry LOVETT, Robert Lovett, and Roma Lovett d/b/a Culligan Water Conditioning of Ida Grove, Iowa, Appellees, Richard Bennett, Defendant.

Supreme Court of Iowa.

Rehearing Denied August 10, 2000.

Attorney(s) appearing for the Case

Thaddeus E. Cosgrove of Cosgrove Law Firm, Holstein, for appellant.

Michael J. Frey of Hellige, Lundberg, Meis, Erickson & Frey, Sioux City, for appellees.

Deborah M. Tharnish of Davis, Brown, Koehn, Shors & Roberts, P.C., Des Moines and Robert L. Hartwig, Iowa Bankers Association, Des Moines, for amicus curiae Iowa Bankers Association.

Considered en banc.

CARTER, Justice.

Plaintiff, Heritage Bank (Heritage), appeals from an adverse summary judgment in an action seeking to recover funds obtained through the unauthorized use of an ATM card. The defendants, Terry Lovett, Robert Lovett, and Roma Lovett d/b/a Culligan Water Conditioning of Ida Grove, Iowa (Culligan), are the employers of Richard Bennett, the person who illegally obtained money from an ATM using an ATM card that Heritage had issued to Donald and Luella Buell...

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