BANK OF AMERICA NATIONAL TRUST & SAVINGS ASS'N v. LERNER

No. 25281.

404 F.2d 339 (1968)

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Executor of the Estate of Oscar Schneider, also known as Oscar M. Schneider, Deceased, Appellant, v. George G. LERNER, also known as Guy G. Lerner, Appellee.

United States Court of Appeals Fifth Circuit.

November 14, 1968.


Attorney(s) appearing for the Case

Michael Weintraub, Miami, Fla., for appellant.

Joseph I. Davis, Miami, Fla., for appellee.

Before POPE, TUTTLE and CLAYTON, Circuit Judges.


ON PETITION FOR REHEARING

PER CURIAM:

In his petition for rehearing appellee Lerner complains of the statement contained in the original opinion, 5 Cir., 401 F.2d 439, "Moreover, the record is silent as to any authority in Dr. Lerner to endorse the check for deposit." In making such a contention, appellee points to the following language contained in the agreement with the Bank signed by the two parties to the joint account...

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