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MUTUAL SERVICE CAS. INS. v. ELIZABETH STATE BANK

Nos. 99-2662, 99-3081.

265 F.3d 601 (2001)

MUTUAL SERVICE CASUALTY INSURANCE COMPANY, as subrogee of Jo Daviess Services, Inc., Plaintiff-Appellee, v. ELIZABETH STATE BANK, an Illinois State Chartered Bank, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 11, 2001.

Attorney(s) appearing for the Case

James T. Ferrini, Imelda Terrazino (argued), Clausen Miller, Chicago, IL, for plaintiff-appellee.

Martha A. Peterson, Alan V. Johnson (argued), Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, KS, for defendant-appellant.

Before MANION, KANNE, and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

In the course of his employment with Jo Daviess Services, Inc. ("Jo Daviess," or "the company"), Arlyn Hemmen managed to misappropriate more than $80,000 from the company's bank account at the Elizabeth State Bank ("ESB" or "the bank"). Mutual Service Casualty Company ("Mutual"), which insured Jo Daviess, compensated the company for its loss. Mutual then filed suit against ESB, contending that the bank had breached its contractual...

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