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CUPPLES COMPANY MANUFACTURERS v. FARMERS & MERCHANTS STATE BANK

No. 24530.

390 F.2d 184 (1968)

CUPPLES COMPANY MANUFACTURERS, Appellant, v. FARMERS & MERCHANTS STATE BANK, Appellee.

United States Court of Appeals Fifth Circuit.

February 12, 1968.

Attorney(s) appearing for the Case

Pat Beard, Waco, Tex., Will D. Pace, Tyler, Tex., for appellant.

Donald Carroll, Tyler, Tex., for appellee; Ramey, Brelsford, Flock & Devereux, Tyler, Tex., of counsel.

Before TUTTLE, GEWIN and GODBOLD, Circuit Judges.

PER CURIAM.

The appellee Bank agreed to pay checks drawn on it by depositor Trimble in favor of appellant Cupples up to the amount of $10,000. The agreement contained no provision to pay attorney fees upon default. Cupples sold goods to Trimble and presented to the Bank Trimble's check for $9,903.64. The Bank refused payment.

Cupples's diversity action against the Bank was dismissed for want of jurisdictional amount. On this appeal Cupples claims that jurisdictional...

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