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ZIONS FIRST NAT. BANK v. MOTO DIESEL MEXICANA

No. 09-1704.

629 F.3d 520 (2010)

ZIONS FIRST NATIONAL BANK, Plaintiff-Appellant, v. MOTO DIESEL MEXICANA, S.A. DE C.V., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 15, 2010.

Attorney(s) appearing for the Case

ARGUED: Daniel G. Kielczewski , Abbott Nicholson, P.C., Detroit, Michigan, for Appellant. Adolfo Campero, Jr. , Campero & Becerra, Laredo, Texas, for Appellee. ON BRIEF: Daniel G. Kielczewski , Abbott Nicholson, P.C., Detroit, Michigan, for Appellant. Adolfo Campero, Jr. , Campero & Becerra, Laredo, Texas, for Appellee.

Before: GIBBONS and KETHLEDGE, Circuit Judges; SARGUS, District Judge.

OPINION

SARGUS, District Judge.

From December 10, 2007, through December 14, 2007, Moto Diesel Mexicana, S.A. de C.V. ("MDM") issued eight checks totaling $2 million to Casa de Cambio Majapara S.A. de C.V. ("Majapara"). The checks were drawn on MDM's account at Comerica Bank in Detroit, Michigan. On December 14 and 18, 2007, Majapara attempted to deposit all the funds from the eight checks into its account at Zions...

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