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

No. 25281.

401 F.2d 439 (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.

Rehearing Denied 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.

Rehearing Denied November 14, 1968. See 404 F.2d 339.

TUTTLE, Circuit Judge:

This is an appeal from a decision of the United States District Court for the Southern District of Florida holding that Lerner, the survivor, was entitled to the funds remaining in a joint bank account with a right of survivorship as against the executor of the estate of the deceased codepositor. This is a diversity case, and the court sitting in...

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