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BARCLAYS BANK D. C. O. v. MERCANTILE NATIONAL BANK

No. 72-1913.

481 F.2d 1224 (1973)

BARCLAYS BANK D. C. O., Plaintiff-Appellee, v. MERCANTILE NATIONAL BANK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 13, 1973.

Attorney(s) appearing for the Case

Hugh W. Gibert, Atlanta, Ga., for defendant-appellant.

Robert D. Feagin, III, Atlanta, Ga., Robert M. McCulloch, Jr., New York City, for plaintiff-appellee.

Before MORGAN, CLARK and INGRAHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 13, 1973.

INGRAHAM, Circuit Judge:

This appeal has its birth in an action against Mercantile National Bank for dishonor of a draft drawn under a letter of credit issued by Allied Mortgage Consultants, Inc., in favor of Barclays Bank D.C.O. Mercantile's liability is premised on the theory that it confirmed Allied's credit, thereby becoming directly liable on the credit under § 5-107(2) of the Uniform Commercial...

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