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SABATINO v. CURTISS NATIONAL BANK OF MIAMI SPRINGS

No. 30174.

446 F.2d 1046 (1971)

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

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 22, 1971.

Attorney(s) appearing for the Case

Lewis Horwitz, Miami Beach, Fla., for appellant.

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

Before JOHN R. BROWN, Chief Judge, and PHILLIPS and INGRAHAM, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge:

Jose Juan D'Agostino1 commenced this action against the Curtiss National Bank of Miami Springs, Florida,2 a national banking corporation, on April 17, 1967.

On January 11, 1967, and prior thereto, through February 9, 1967, and subsequent thereto, D'Agostino maintained a regular checking account in the Bank, identified on the Bank records by the following:

"122...

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