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COMMERCE BANK, N.A. v. CHRYSLER REALTY CORP.

No. 00-3000.

244 F.3d 777 (2001)

COMMERCE BANK, N.A., Plaintiff-Appellee, v. CHRYSLER REALTY CORPORATION; DaimlerChrysler Corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 22, 2001.

Attorney(s) appearing for the Case

Submitted on the briefs:

James P. O'Hara and Andrew M. DeMarea of Shughart Thomson & Kilroy, P.C., Overland Park, Kansas, and William E. Quirk of Shughart, Thomson & Kilroy, P.C., Kansas City, Missouri, for Plaintiff-Appellee.

James H. Geary and Janice M. Powell of Howard & Howard Attorneys, P.C., Peoria, Illinois, for Defendants-Appellants.

Before TACHA, Chief Judge, EBEL, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Plaintiff-appellee Commerce Bank, N.A. ("Commerce") brought this action seeking actual and punitive damages as well as an accounting for sums wrongfully paid to defendant Chrysler Realty Corporation ("Chrysler Realty") by co-defendant DaimlerChrysler Corporation ("Chrysler Corporation").1 Defendants appeal the district court's order granting summary judgment in favor of Commerce on Commerce's claim for actual damages...

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