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UNION BANK OF BENTON, ARK. v. FIRST NAT. BANK

No. 81-2056.

677 F.2d 1074 (1982)

The UNION BANK OF BENTON, ARKANSAS, Plaintiff-Appellant, v. The FIRST NATIONAL BANK IN MOUNT PLEASANT, TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 9, 1982.

Attorney(s) appearing for the Case

Boswell & Smith, P. A., Ted Boswell, David E. Smith, Bryant, Ark., for plaintiff-appellant.

Atchley, Russell, Waldrop & Hlavinka, Robert W. Weber, Texarkana, Tex., for defendant-appellee.

Before WISDOM, SAM D. JOHNSON and WILLIAMS, Circuit Judges.

SAM D. JOHNSON, Circuit Judge:

This Court is again asked to allocate losses sustained by banks victimized in a check kiting scheme. On the first appeal, this Court reversed the district court and held the First National Bank in Mount Pleasant, Texas (Mount Pleasant), liable for failure to timely return twenty-four checks received from the Union Bank of Benton, Arkansas. Union Bank of Benton, Arkansas v. First National Bank in Mount Pleasant, Texas (Union Bank I...

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