Page:Delaware v. Pennsylvania (2023).pdf/21

Rh Delaware argues that even if the Disputed Instruments qualify as “other similar written instrument[s]” within the meaning of §2503 they are also “third party bank check[s]” and, as such, are expressly excluded from the FDA. The Special Master, too, ultimately adopted a version of this argument; in his view, the “third party bank check” exemption applies to any Disputed Instrument on which a bank is liable (in addition to MoneyGram). Neither Delaware nor the Special Master has provided a persuasive reason for concluding that the Disputed Instruments are “third party bank check[s]” within the meaning of the FDA, and the drafting history of the statute further confirms that the