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MONROE RETAIL, INC., et al., Plaintiffs-Appellants, v. RBS CITIZENS, N.A., f/k/a CHARTER ONE BANK, N.A., et al., Defendants-Appellees. |
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Appeal from the United States District Court
for the Northern District of Ohio at Toledo.
No. 06-02391—David A. Katz, District Judge.
Argued: September 19, 2008
Decided and Filed: December 14, 2009
Before: COLE and GIBBONS, Circuit Judges; FORESTER, District Judge.
JULIA SMITH GIBBONS, Circuit Judge. Plaintiffs-appellants Monroe Retail, Inc.; Jerome Phillips, Esq.; and Leo Marks, Inc. (“the Garnishors”) appeal the district court’s dismissal of their claim against defendants-appellees RBS Citizens, N.A. (formerly known as Charter One Bank, N.A.); The Huntington National Bank; Huntington Bancshares, Inc.; JPMorgan Chase Bank, N.A.; JPMorgan Chase & Co.; Keybank, N.A.; Keycorp, National City Bank; National City Corporation; Sky Bank; U.S. Bank, N.A.; and U.S. Bancorp (“the Banks”). The Garnishors brought suit against the Banks for conversion, alleging that the Banks unlawfully used garnished funds to satisfy service fees to the Banks. For the reasons below, we affirm the dismissal of the Garnishors’ claim.