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Amount Of
Date Check No. Amount
Cashier's Check
n/a 1358 $9,500 $9,500
11/02/88 1334 2,150 2,150
11/21/88 n/a 6,300 6,300
Total 17,950 17,950
None of the cashier's checks purchased in the manner
described above bears any notation indicating the purpose
for which it was issued. The back of each check bears the
statement "Cashier's Check issued in lieu of the check
Payable to the same payee." We find that each of these
cashier's checks was used to pay Jordan Distributors for
the cost of fuel that H&B transported for Trans State.
The difference, if any, between the amount of each check
and the amount of the corresponding cashier's check
represents a fee charged by First Interstate for issuing
the cashier's check.
Each time Trans State received a shipment of
fuel from H&B, its representative would pay H&B's driver
for the fuel with either cash or a cashier's check. The
H&B driver receiving the cash or cashier's check would then
deliver the funds to petitioner. In total, the amount of
money petitioner received from Trans State was equal to or
exceeded the amount of money H&B paid to Jordan
Distributors for the fuel, as reflected by the cashier's
checks summarized above. Petitioner did not deposit any of
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