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WILEY, TATE & IRBY v. PEOPLES BANK & T. CO. OF TUPELO, MISS.

No. 71-3100 Summary Calendar.

462 F.2d 179 (1972)

WILEY, TATE & IRBY, a Partnership of Milan, Tennessee, Plaintiffs-Appellees, v. The PEOPLES BANK AND TRUST COMPANY OF TUPELO, MISSISSIPPI, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 12, 1972.

Attorney(s) appearing for the Case

C. R. Bolton, Jeremy J. Eskridge, W. P. Mitchell, Tupelo, Miss., for defendant-appellant.

John F. Kizer, Milan, Tenn., Pat D. Holcomb, Holcomb, Connell & Fleming, Clarksdale, Miss., for plaintiff-appellee.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

PER CURIAM:

This diversity action was brought by payees on demand instruments returned unpaid by the payor bank. The sole issue on appeal is whether the trial court was correct in granting summary judgment for the plaintiffs. We affirm.

The factual background of the case is stated in Wiley v. Peoples Bank and Trust Company, 438 F.2d 513 (5th Cir. 1971). We there remanded for further proceedings because the trial court had...

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