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ROSS v. BANK OF AMERICA N.A.

Civil Action No. H-09-3626.

693 F.Supp.2d 692 (2010)

Jeffrey A. ROSS, DPM, Plaintiff, v. BANK OF AMERICA N.A., Defendant.

United States District Court, S.D. Texas, Houston Division.

February 16, 2010.

Attorney(s) appearing for the Case

Russell Hardin, Jr., Terry D. Kernell, Rusty Hardin and Associates, Houston, TX, for Plaintiff.

Rupert F. Barron, Hirsch and Westhelmer PC, Houston, TX, for Defendant.

MEMORANDUM AND ORDER

LEE H. ROSENTHAL, District Judge.

I. Background

In this suit, Dr. Jeffrey A. Ross, a Houston podiatrist, alleges misconduct by Linda Hargrove, the office manager at his medical practice from 2006 to the early summer of 2009. Hargrove's duties included opening checks made payable to Ross and "restrictively endors[ing] the checks for deposit only into Dr. Ross' accounts at Amegy Bank, its predecessor Southwest Bank of Texas,...

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