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EXCHANGE NATIONAL BANK OF ATCHISON v. HIBERNIA NATIONAL BANK OF NEW ORLEANS

No. 26573.

407 F.2d 840 (1969)

The EXCHANGE NATIONAL BANK OF ATCHISON, Plaintiff-Appellant, v. The HIBERNIA NATIONAL BANK OF NEW ORLEANS, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

February 13, 1969.

Attorney(s) appearing for the Case

M. Hepburn Many, New Orleans, La., John M. Phillips, Kansas City, Mo., O. John Rogge, New York City, Many, Hartman & Lococo, New Orleans, La., for appellant; Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, Mo., Weisman, Celler, Allan, Spett, & Sheinberg, New York City, of counsel.

Louis B. Claverie, Jack M. Gordon, New Orleans, La., Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., for appellee.

Before COLEMAN, GOLDBERG, and SIMPSON, Circuit Judges.

PER CURIAM:

The Exchange National Bank of Atchison, in the State of Kansas, sued the Hibernia National Bank of New Orleans for $50,000, plus Attorney's fees and costs. The District Court granted a motion to dismiss for failure to state a cause of action upon which relief could be granted, and we affirm.

An officer of Hibernia obtained a personal loan of $70,000 from Exchange. Twenty thousand was repaid but there was default as to the remainder. Plaintiff alleged...

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