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PROVIDENCE STATE BANK v. BOHANNON

Nos. 77-1168 and 77-1236.

572 F.2d 617 (1978)

PROVIDENCE STATE BANK, Appellee, v. Donald R. BOHANNON, Appellant. PROVIDENCE STATE BANK, Appellee, v. Donald R. BOHANNON, Joel A. Montgomery, Helen M. Johnson, and C. E. Montgomery, Trustees of the Montgomery Trusts, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 14, 1978.

As Modified on Denial of Rehearing April 3, 1978.

Attorney(s) appearing for the Case

Donald R. Rhodes, Bloomfield, Mo., argued, and G. Weber Gilmore, Jr. of Gilmore & Gilmore, Sikeston, Mo., on brief, for appellant Bohannon.

Bernard C. Rice, Blanton, Rice, Sickal, Gilmore & Winchester, Sikeston, Mo., argued and Ross Eshelman of Poague, Brock, Wall & Eshelman, Clinton, Mo., on brief, for appellants Montgomery et al.

Rush H. Limbaugh, Jr., Limbaugh, Limbaugh & Russell, Cape Girardeau, Mo., argued, and Thomas D. Graham of Graham & Graham, Jefferson City, Mo., on brief, for appellee.

Before BRIGHT and STEPHENSON, Circuit Judges, and SCHATZ, District Judge.

SCHATZ, District Judge.

Defendants have appealed from an adverse decision of the district court1 following trial to the court sitting without a jury.

In a prior lawsuit, plaintiff-appellee, Providence State Bank (hereafter Providence) recovered a judgment against First National Bank of Sikeston, Missouri, for the untimely dishonor of certain checks drawn on the account of Gibson Livestock Company in First National Bank of Sikeston...

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