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COMMERCIAL CREDIT EQUIPMENT v. FIRST ALABAMA BANK

No. 79-3747.

636 F.2d 1051 (1981)

COMMERCIAL CREDIT EQUIPMENT CORP., a corporation, Plaintiff-Appellee, v. The FIRST ALABAMA BANK OF MONTGOMERY, N.A., a National Banking Association, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied March 30, 1981.

Attorney(s) appearing for the Case

G. Griffin Sikes, Jr., Montgomery, Ala., for defendant-appellant.

Ball, Ball, Duke & Matthews, Richard A. Ball, Jr., Charles B. Paterson, Montgomery, Ala., for plaintiff-appellee.

Before MORGAN, FAY and FRANK M. JOHNSON, Jr., Circuit Judges.

FAY, Circuit Judge:

From a judgment for plaintiff-appellee, Commercial Credit Equipment Corporation (Commercial), as drawer of a forged check, against defendant-appellant, First National Bank of Montgomery (Bank), as payor of that check, ordering the Bank to remove the hold payment on Commercial's account for the amount of the check,1 the Bank appeals. The Bank asserts as error the trial court's rejection of its defense, based on Alabama...

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