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CONDER v. UNION PLANTERS BANK, N.A.

No. 03-3875.

384 F.3d 397 (2004)

Agnes N. CONDER, as trustee of the Conder Living Trust, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. UNION PLANTERS BANK, N.A., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 14, 2004.

Rehearing and Rehearing Denied October 13, 2004.

Attorney(s) appearing for the Case

Scott D. Gilchrist (argued), Cohen & Malad, Indianapolis, IN, for Plaintiff-Appellant.

Max W. Hittle (argued), Krieg Devault, Indianapolis, IN, for Defendant-Appellee.

Before FLAUM, Chief Judge, and POSNER and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 13, 2004.

POSNER, Circuit Judge.

This appeal from the dismissal of a diversity suit (governed by Indiana law) for failure to state a claim requires us to consider a bank's liability to victims of a Ponzi scheme for allowing checks made out to the malefactors to be deposited without proper endorsements. According to the complaint, which is our only source of facts, Johann Smith and three other individuals used...

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