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UNITED STATES v. AUSTIN

No. 76-4487.

585 F.2d 1271 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Lance C. AUSTIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 27, 1978.

Attorney(s) appearing for the Case

Charles L. Sullivan, Clarksdale, Miss., for defendant-appellant.

H. M. Ray, U. S. Atty., Thomas W. Dawson, Alfred E. Moreton, III, Asst. U. S. Attys., Oxford, Miss., for plaintiff-appellee.

Before INGRAHAM, GEE and TJOFLAT, Circuit Judges.

TJOFLAT, Circuit Judge:

From June 1974 to October 1975, Lance C. Austin issued over $750,000 worth of bad checks drawn against his checking account with the Bank of Pontotoc, Mississippi (the Bank), a small-town bank with a capital structure of less than one million dollars. On October 20, 1975, Federal Deposit Insurance Corporation (FDIC) bank examiners discovered that his account was overdrawn in the amount of $499,941.42. The examiners found the Bank's capital...

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