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WITCO CORP. v. HERZOG BROS. TRUCKING, INC.

863 A.2d 443 (2004)

WITCO CORPORATION, Appellant v. HERZOG BROTHERS TRUCKING, INC., Appellee v. National City Bank, Appellee.

Supreme Court of Pennsylvania.

Decided December 21, 2004.

Attorney(s) appearing for the Case

David Vernon Weicht, for Witco Corp., appellant.

C. James Zeszutek, Lori L. Breen, Pittsburgh, for Nat. City Bank, appellee.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION OF THE COURT

Justice CASTILLE.

This matter comes before this Court on a Petition for Certification of Questions of Law from the United States Court of Appeals for the Third Circuit. This Court granted the petition, which raises three questions: (1) whether a drawee bank obtains "possession" of any property, as defined by Pa.R.C.P. 3101, of a customer who physically provides the drawee bank's teller with cash and checks, in exchange for the...

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