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BARTON v. CHEMICAL BANK

No. 76-4335.

577 F.2d 1329 (1978)

Charles C. BARTON, Plaintiff-Appellant, v. CHEMICAL BANK, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 27, 1978.

Attorney(s) appearing for the Case

Edward T. M. Garland, O. Jackson Cook, Atlanta, Ga., for plaintiff-appellant.

Kent E. Mast, L. Trammell Newton, Trammell E. Vickery, Atlanta, Ga., for defendant-appellee.

Before COLEMAN, AINSWORTH and VANCE, Circuit Judges.

AINSWORTH, Circuit Judge:

In this Georgia diversity case plaintiff Charles C. Barton brought suit for actual and exemplary damages against defendant Chemical Bank, alleging that the bank converted a certificate of deposit in the principal amount of $200,000 issued by the bank in Barton's name. Chemical Bank filed a motion to dismiss for failure to state a claim, which was opposed by Barton who moved for summary judgment in his favor. The district court, treating Chemical...

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