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MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. v. FIRST NAT. BANK OF LITTLE ROCK

Nos. 84-2107, 84-2156.

774 F.2d 909 (1985)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellee, v. FIRST NATIONAL BANK OF LITTLE ROCK, ARKANSAS, Appellant. Comex, Inc.; Comex Charge Systems, Inc.; Comex Livestock Investment Systems, Inc.; Consolidated Holding Co.; Consolidated Collection Management, Inc.; Consolidated Charge System, Inc., d/b/a Comex, Inc.; and Bridgeport Company. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellee, Worthen Bank & Trust Co., Appellant, FIRST NATIONAL BANK OF LITTLE ROCK, ARKANSAS, Comex, Inc., Comex Charge Systems, Comex Livestock Investment Systems, Inc., Consolidated Holding Co., Consolidated Collection Management, Inc., Consolidated Charge System, Inc., d/b/a Comex, Inc., Bridgeport Company and Dwight L. Pierce, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 10, 1985.

Rehearing and Rehearing Denied November 26, 1985.

Attorney(s) appearing for the Case

Herschel H. Friday and V. Markham Lester, Little Rock, Ark., for appellant.

Priscilla Karen Pope, Fayetteville, Ark., for appellee.

Before BRIGHT, Senior Circuit Judge, ARNOLD and FAGG, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 26, 1985.

ARNOLD, Circuit Judge.

This case arises out of a check-kiting scheme perpetrated by a group of businesses known collectively as Comex, Inc., which operated a collection service for doctors' accounts receivable. Comex had accounts with Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), First National Bank of Little Rock (FNB), Worthen Bank and Trust Co., N.A. (Worthen), and Bank of New...

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