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J. WALTER THOMPSON, U.S.A., INC. v. FIRST BANKAMERICANO

Docket No. 06-1546-cv.

518 F.3d 128 (2008)

J. WALTER THOMPSON, U.S.A., INC., Plaintiff-Appellee, Bank of America Corporation, Defendant and Third-Party Plaintiff-Appellee, v. FIRST BANKAMERICANO, Third-Party Defendant-Appellant, The Federal Reserve Bank of Atlanta, Third-Party Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 4, 2008.

Attorney(s) appearing for the Case

Ina B. Scher, Davis & Gilbert LLP, New York, NY, for Plaintiff-Appellee J. Walter Thompson, U.S.A., Inc.

Ronald M. Neumann (David B. Chenkin, on the brief), Zeichner Ellman & Krause LLP, New York, NY, for Defendant and Third-Party Plaintiff-Appellee, Bank of America Corporation.

William D. Wallach, McCarter & English LLP, Newark, NJ, for Third-Party Defendants-Appellants First BankAmericano, Federal Reserve Bank of Atlanta.

Before: McLAUGHLIN, CABRANES, and SACK, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

This appeal involves the allocation of liability for altered checks outlined in Articles 3 and 4 of the Uniform Commercial Code ("U.C.C.")1 and the operation of the check collection system. The U.C.C. allocates liability for a stolen or altered check among the various parties involved in the check collection process. Plaintiff-appellee J. Walter Thompson ("JWT") is the drawer of the check. Bank of...

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