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ESTATE OF BARNEY v. PNC BANK, NAT. ASS'N

No. 12-3540.

714 F.3d 920 (2013)

ESTATE OF William R. BARNEY, Jr.; William R. Barney, Jr., Trust; Caroline G. Barney, Plaintiffs-Appellants, v. PNC BANK, NATIONAL ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 30, 2013.

Attorney(s) appearing for the Case

ARGUED: Aparesh Paul , Levin & Associates Co., L.P.A., Cleveland, Ohio, for Appellants. Lisa Babish Forbes , Vorys, Sater, Seymour & Pease, LLP, Cleveland, Ohio, for Appellee. ON BRIEF: Aparesh Paul , Joel Levin , Levin & Associates Co., L.P.A., Cleveland, Ohio, for Appellants. Lisa Babish Forbes , Elizabeth Davis Conway , Vorys, Sater, Seymour & Pease, LLP, Cleveland, Ohio, for Appellee.

Before: MERRITT, MARTIN, and CLAY, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

The main issue in this case is whether Ohio law permits a principal to hold a bank liable for money that the principal entrusted a fiduciary to deposit at the bank and which the fiduciary then withdrew, without the principal's permission, and squandered. Unfortunately for the principals here, the Barneys, the answer is no. Mr. Manning, a lawyer who served as the executor of Mr. Barney's estate and the trustee...

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