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  5. 581 S.W.2d 293 (1979)
 

CONTINENTAL NAT. BANK v. SANDERS

No. 6797.

581 S.W.2d 293 (1979)

CONTINENTAL NATIONAL BANK, Appellant, v. McCall SANDERS, Appellee.

Court of Civil Appeals of Texas, El Paso.

May 2, 1979.

Attorney(s) appearing for the Case

Guevara, Rebe & Baumann, Sal Rebe, El Paso, for appellant.

Edwards, Belk, Hunter & Kerr, Crawford S. Kerr, Jr., El Paso, for appellee.

OPINION

WARD, Justice.

This is a case involving the midnight deadline rule of Section 4.302 of the Tex. Bus. & Comm.Code Ann. (Tex.UCC1968). The payee on a check filed suit for the amount of the check against the payor bank where that bank held the demand item for eight days without paying, returning or sending notice of dishonor of the item. The trial Court sitting without a jury entered judgment for the payee in the face amount of the check, together...

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