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CINCINNATI INSURANCE COMPANY v. WACHOVIA BANK, NATIONAL ASSOCIATION

Case No. 08-CV-2734 (PJS/JJG).

CINCINNATI INSURANCE COMPANY, as Subrogee of Todd's Snax, Inc., d/b/a Schultz Foods Company, Plaintiff, v. WACHOVIA BANK, NATIONAL ASSOCIATION, Defendant.

United States District Court, D. Minnesota.

July 14, 2010.

Attorney(s) appearing for the Case

Sean J. Mickelson, TERHAAR, ARCHIBALD, PFEFFERLE & GRIEBEL, LLP, for plaintiff.

William F. Mohrman and Gregory M. Erickson, MOHRMAN & KAARDAL, PA, for defendant.

ORDER

PATRICK J. SCHILTZ, District Judge.

Todd's Snax, Inc., d/b/a Schultz Foods Company ("Schultz Foods"), issued a check in the amount of $153,856.46 to Amerada Hess Corporation. Thieves stole the check, changed the name of the payee to "Kenneth Payton," and induced Payton (an unwitting accomplice) to deposit the check into his account at TCF Bank ("TCF"). TCF presented the check for payment to Schultz Foods's bank, defendant Wachovia Bank ("Wachovia"...

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