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PERINI CORP. v. FIRST NAT. BANK OF HABERSHAM COUNTY

Nos. 75-2816, 75-3402.

553 F.2d 398 (1977)

PERINI CORPORATION and Brown Brothers, Harriman and Company, Plaintiffs-Appellants, v. The FIRST NATIONAL BANK OF HABERSHAM COUNTY, GEORGIA, the Fulton National Bank of Atlanta, Georgia and Morgan Guaranty Trust Company of New York, New York, Defendants-Appellees. PERINI CORPORATION and Brown Brothers, Harriman and Company, Plaintiffs-Appellants, v. The FIRST NATIONAL BANK OF HABERSHAM COUNTY, GEORGIA, and the Fulton National Bank of Atlanta, Georgia, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 27, 1977.

Attorney(s) appearing for the Case

Edward E. Dorsey, Frank Mays Hull, John T. Marshall, Atlanta, Ga., William F. Willier, Newton Center, Mass., Frederick M. Hart, Albuquerque, N. M., for plaintiffs-appellants.

Barry Phillips, Richard Cheatham, Atlanta, Ga., for Fulton.

King & Spalding, Atlanta, Ga., Charles H. Willard, Phillip C. Potter, Sheila McMeen, New York City, for Morgan Guaranty Trust Co. in No. 75-2816.

Charles H. Kirbo, Walter Driver, Atlanta, Ga., for Morgan Guaranty Trust Co. in Nos. 75-2816 and 75-3402.

Albert E. Phillips, Atlanta, Ga., for First Nat. Bank, etc. in Nos. 75-2816 and 75-3402.

J. Alexander Porter, Atlanta, Ga., Henry J. Bailey, III, Salem, Or., William D. Hawkland, Champaign, Ill., for First Nat. Bank, etc. in No. 75-3402.

Before GOLDBERG, MORGAN and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 27, 1977.

GOLDBERG, Circuit Judge:

This tale of intrigue offers a series of complex commercial paper conundrums. Seventeen forged checks bearing arguably ineffective indorsements plunge us into the debate over a centuries-old yet hardly refined distinction between cases of forged drawer's signatures and forged indorsements. This distinction the Uniform Commercial Code has carried forward somewhat uneasily, in only...

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