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HORNEY v. COVINGTON COUNTY BANK

Nos. 82-4255, 82-4307.

716 F.2d 335 (1983)

W.H. HORNEY, Plaintiff-Appellant, v. COVINGTON COUNTY BANK, Defendant-Appellee. Dick POLING and Bob Poling, Plaintiffs-Appellants, v. COVINGTON COUNTY BANK OF COLLINS, MISSISSIPPI, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 27, 1984.

Attorney(s) appearing for the Case

Thomas W. Tyner, Hattiesburg, Miss., for plaintiff-appellant in No. 82-4255.

Frank D. Montague, Jr., F. Douglas Montague, III, Hattiesburg, Miss., for defendant-appellee in both cases.

James N. Compton, Carter O. Bise, Biloxi, Miss., for plaintiffs-appellants in No. 82-4307.

David Shoemake, Collins, Miss., for defendant-appellee in No. 82-4307.

Before REAVLEY and JOHNSON, Circuit Judges, and WYZANSKI, District Judge.

Rehearing and Rehearing En Banc Denied February 27, 1984.

REAVLEY, Circuit Judge:

This is a dispute over the application of the Mississippi Uniform Commercial Code. We must decide whether an instrument presented to the appellee Covington County Bank (the Bank) obligated the Bank to pay or dishonor within the midnight deadline required by Miss.Code Ann. § 75-4-302. We disagree with the district court's conclusion that the Bank was only a collector of these...

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