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ELLIS WEAVING MILLS v. CITIZENS & SOUTHERN NAT. BANK

No. 6071.

184 F.2d 43 (1950)

ELLIS WEAVING MILLS, Inc., v. CITIZENS & SOUTHERN NAT. BANK OF SPARTANBURG, S. C.

United States Court of Appeals Fourth Circuit.

Decided June 21, 1950.

Attorney(s) appearing for the Case

John J. Tullman, New York City (Edwin W. Johnson and Frank J. Bostick, Spartanburg, S. C., on brief), for appellant.

C. Erskine Daniel, Spartanburg, S. C. (Donald Russell and T. Sam Means, Jr., Spartanburg, S. C., on brief), for appellee.

Before PARKER and DOBIE, Circuit Judges, and MOORE, District Judge.

PER CURIAM.

This civil action was instituted in the United States District Court for the Western District of South Carolina by the plaintiff-appellant against the bank, defendant-appellee, to recover the sum of $4,192.28, alleged to have been erroneously paid by the bank, in honoring certain checks, out of funds in the bank deposited to the plaintiff's credit.

As was stated in the opinion of the District Judge, 91 F.Supp. 944:

"The checks were drawn...

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