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SABATINO v. CURTISS NATIONAL BANK OF MIAMI SPRINGS

No. 26367.

415 F.2d 632 (1969)

Louis A. SABATINO, as Ancillary Administrator of the Estate of Jose Juan D'Agostino, Deceased, Appellant, v. CURTISS NATIONAL BANK OF MIAMI SPRINGS, Appellee.

United States Court of Appeals Fifth Circuit.

September 3, 1969.

Attorney(s) appearing for the Case

Louis A. Sabatino, Miami, Fla., for appellant.

Herbert Stettin, Feibelman, Friedman, Hyman & Britton, Miami, Fla., for appellee.

Before THORNBERRY and AINSWORTH, Circuit Judges, and DAWKINS, District Judge.

THORNBERRY, Circuit Judge:

This is an appeal from a Florida diversity action to recover $18,750 paid by the appellee bank out of a checking account belonging to Jose Juan D'Agostino, who is now deceased. Mr. D'Agostino's estate, the appellant here, alleges that the sum was wrongfully delivered to an unknown payee. The district court refused so to find, however, and rendered judgment for the bank. We remand the case for a new trial because of error in the exclusion...

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