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UNITED CATHOLIC PARISH SCHOOLS v. CARD SERVICES CENTER

No. 00-2029.

248 Wis.2d 463 (2001)

2001 WI App 229

636 N.W.2d 206

UNITED CATHOLIC PARISH SCHOOLS OF BEAVER DAM EDUCATIONAL ASSOCIATION, Plaintiff-Respondent-Cross-Appellant, v. CARD SERVICES CENTER and First Financial Bank, Defendants-Appellants-Cross-Respondents.

Court of Appeals of Wisconsin.

Decided September 27, 2001.

Attorney(s) appearing for the Case

On behalf of the plaintiff-respondent-cross-appellant, the cause was submitted on the briefs of Patrick J. Hodan and Colleen D. Ball of Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C. of Milwaukee.

On behalf of the defendants-appellants-cross-respondents, the cause was submitted on the briefs of William H. Gergen of Gergen, Gergen & Pretto, S.C. of Beaver Dam.

A nonparty brief was filed by John E. Knight and James E. Bartzen of Boardman, Suhr, Curry & Field LLP of Madison on behalf of Wisconsin Bankers Association.

Before Dykman, Roggensack and Lundsten, JJ.

¶ 1. ROGGENSACK, J.

United Catholic Parish Schools of Beaver Dam Educational Association (UCPS) employed Janet Gittus as its bookkeeper. Gittus wrote checks on UCPS's account with Bank One that were negotiated by First Financial Bank, in payment of Gittus's personal credit card debt. When UCPS learned of Gittus's embezzlement, it demanded that First Financial return $59,038.92, which First Financial had received from Bank One in payment of the checks. First Financial...

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