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WESTERN AIR & REFRIGERATION v. METRO BANK OF DALLAS

No. 77-1955.

599 F.2d 83 (1979)

WESTERN AIR AND REFRIGERATION, INC., Plaintiff-Appellee, v. METRO BANK OF DALLAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 5, 1979.

Attorney(s) appearing for the Case

Roy J. True, Dallas, Tex., for defendant-appellant.

James L. Truitt, John M. Skrhak, Jr., Dallas, Tex., for plaintiff-appellee.

Before COLEMAN, GODBOLD and INGRAHAM, Circuit Judges.

GODBOLD, Circuit Judge:

Western Air, the payee, presented a check to Metro Bank of Dallas, the payor bank, and it was dishonored for insufficient funds. Western presented the check again in person and was told there were insufficient funds to cover it. Following negotiations between Western, Metro and the drawer of the check, Metro held the check for more than two weeks awaiting the availability of funds in the drawer's account...

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