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CHOICE ESCROW AND LAND TITLE v. BANCORPSOUTH BANK

Nos. 13-1879, 13-1931.

754 F.3d 611 (2014)

CHOICE ESCROW AND LAND TITLE, LLC, Plaintiff-Appellant v. BANCORPSOUTH BANK, Defendant-Appellee. Choice Escrow and Land Title, LLC, Plaintiff-Appellee v. BancorpSouth Bank, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 11, 2014.

Rehearing and Rehearing En Banc Denied July 17, 2014.

Attorney(s) appearing for the Case

Jeff McCurry , argued, Springfield, MO ( Bruce McCurry , Leland L. Gannaway , Springfield, MO, on brief) for appellant.

John Edmund Price , argued, Springfield, MO ( Rodney H. Nichols , Springfield, MO, on brief) for appellee.

Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges.

WOLLMAN, Circuit Judge.

Internet fraudsters stole $440,000 from a bank account that Choice Escrow and Land Title, LLC (Choice), maintained at BancorpSouth Bank (BancorpSouth). Choice sued BancorpSouth for the lost funds, and BancorpSouth counterclaimed for attorney's fees. The questions presented in this case are thus (1) who should bear the loss of the funds from Choice's account, and (2) who should pay BancorpSouth's attorney's fees. The district court, interpreting...

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