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STARCRAFT CO. v. C.J. HECK CO. OF TEXAS, INC.

No. 83-1712.

748 F.2d 982 (1984)

STARCRAFT COMPANY, A DIVISION OF BANGOR PUNTA OPERATIONS, INC., Plaintiff and Third Party Plaintiff-Appellee, v. C.J. HECK COMPANY OF TEXAS, INC., Robert A. Johnson and Carol H. Johnson, Defendants-Appellees, v. TEMPLE NATIONAL BANK, Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 23, 1985.

Attorney(s) appearing for the Case

Beard & Kultgen, Pat Beard, David B. Kultgen, Waco, Tex., for third-party defendant-appellant.

Clark, Thomas, Winters & Shapiro, Barry Bishop, Michael R. Klatt, Austin, Tex., for Starcraft Co.

Fletcher F. Rhodes, Temple, Tex., for C.J. Heck, Johnson and Johnson.

Before TIMBERS, POLITZ and RANDALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 23, 1985.

RANDALL, Circuit Judge:

In this diversity action, we are called upon to decide whether a drawee bank who has missed the midnight deadline, and is therefore accountable to the payee for the amount of the item under Tex.Bus. & Com.Code Ann. [U.C.C.] § 4.302(1), is liable to the payee when (1) the drawee bank, as a result of an unappealed judgment, has a right of charge back against the maker;...

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