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FARMERS & MERCHANTS STATE BANK v. FERGUSON

No. B-9857.

617 S.W.2d 918 (1981)

FARMERS AND MERCHANTS STATE BANK OF KRUM, Petitioner, v. Earnest FERGUSON, Respondent.

Supreme Court of Texas.

Rehearing Denied July 17, 1981.

Attorney(s) appearing for the Case

Royce Coleman, Denton, Kenneth C. Raney, Jr. (On appeal only), Houston, for petitioner.

Kelsey, Wood, Gregory & Banks, R. William Wood, Ronald L. Phillips and Richard Kelsey, Denton, for respondent.

GREENHILL, Chief Justice.

Earnest Ferguson brought this action against the Farmers and Merchants State Bank of Krum for the wrongful dishonor of checks. The suit was brought under both the Business and Commerce Code, section 4.402,1 and the Deceptive Trade Practices Act, hereinafter called DTPA.2

Our holdings are that recovery cannot be had under the DTPA as it was written when these facts arose. The...

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