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ZIMERI v. CITIZENS & SOUTH. INTERN. BANK OF NEW ORLEANS

No. 80-3493.

664 F.2d 952 (1981)

Oscar ZIMERI and Marie Elena Mijas De Zimeri, Plaintiffs-Appellees, v. CITIZENS AND SOUTHERN INTERNATIONAL BANK OF NEW ORLEANS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 1, 1982.

Attorney(s) appearing for the Case

Warren M. Schultz, Jr., New Orleans, La., for defendant-appellant.

Dodd, Achee & Burt, Lawrence Roe Dodd, Baton Rouge, La., for plaintiffs-appellees.

Before BROWN, COLEMAN and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The debtor of a bank seeks to avoid the bank's application of the balance due him on a certificate of deposit to a debt he had earlier guaranteed. The trial court found that the instrument by which the debtor assigned the certificate was executed as a result of mutual mistake and also that the bank was estopped from making the set-off. Accepting the determination that the assignment was the result of mutual mistake, we hold that that...

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