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SOUTHERN ELEC. ST. CO. v. FIRST NAT. BANK OF BIRMINGHAM

No. 75-1670 Summary Calendar.

515 F.2d 1216 (1975)

SOUTHERN ELECTRIC STEEL COMPANY, Plaintiff-Appellant, v. The FIRST NATIONAL BANK OF BIRMINGHAM, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 18, 1975.

Attorney(s) appearing for the Case

Jack B. Porterfield, Jr., Thomas F. McDowell, Richard Duke, Birmingham, Ala., for plaintiff-appellant.

Ralph B. Tate, H. L. Ferguson, Jr., Birmingham, Ala., for defendant-appellee.

Before THORNBERRY, SIMPSON and RONEY, Circuit Judges.

PER CURIAM:

Despite the parties' silence on the question, we have concluded that this appeal must be dismissed for lack of jurisdiction. Southern Electric Steel Company, on behalf of its insurer, sued First National to recover the proceeds of a number of checks cashed by the Bank over endorsements forged by Southern's payroll clerk. The complaint, after reciting that both litigants are citizens of Alabama, rests jurisdiction on the ground

that the defendant...

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