District Court, N.D. Illinois August 30, 1993, No. 92 C 1679 (First National Bank v. Colonial Bank)

MEMORANDUM OPINION

GRADY, District Judge.

This diversity action is before the court on plaintiff’s motion for summary judgment on Count V of the complaint. As explained below, the court denies the motion.

BACKGROUND

On February 10,1992, First National Bank in Harvey (“First National”) received for deposit to the checking account of Shelly International Marketing, Inc.