BANCO CONTINENTAL v. CURTISS NAT. BANK OF MIAMI SPRINGS

No. 26482.

406 F.2d 510 (1969)

BANCO CONTINENTAL, Plaintiff-Appellant, v. CURTISS NATIONAL BANK OF MIAMI SPRINGS et al., Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

January 9, 1969.


Attorney(s) appearing for the Case

Don R. Livingstone, Richard B. Adams, Miami, Fla., Charles F. Schirmeister, New York City, Dean, Adams, George & Wood, Miami, Fla., for appellant.

Henry Burnett, S. J. Powers, Jr., James E. Tribble, P. W. Knight, Fred R. Ober, Hervey Yancey, John L. Britton, Miami, Fla., Blackwell, Walker & Gray, Miami, Fla., for appellee First National Bank of Miami.

Fowler, White, Collins, Gillen, Humkey & Trenam, Miami, Fla., for appellee Braniff Airways, Inc.

Miller Walton, for appellee Wells Fargo Armored Service Corporation of Florida; Walton, Lantaff, Schroeder, Carson & Wahl, Miami, Fla., of counsel.

Before BROWN, Chief Judge, AINSWORTH, Circuit Judge, and FULTON, District Judge.


AINSWORTH, Circuit Judge:

Appellant, Banco Continental, a Chilean banking corporation, brought this diversity suit against five defendants for the recovery occasioned by the loss of a shipment of United States currency in the amount of $150,000. The District Court dismissed the suit for failure of plaintiff to state a claim against three of the defendants, namely, Braniff Airways, Inc., Wells Fargo Armored Service Corporation of Florida, and First National Bank of...

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