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HORNEY v. COVINGTON COUNTY BANK

Nos. 82-4255, 82-4307.

725 F.2d 1006 (1984)

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.

February 27, 1984.

Attorney(s) appearing for the Case

James N. Compton, Carter O. Bise, Biloxi, Miss., for Dick and Bob Poling.

Thomas W. Tyner, Hattiesburg, Miss., for W.H. Horney.

Frank D. Montague, Jr., F. Douglas Montague, III, Hattiesburg, Miss., for Covington County Bank.

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

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

PER CURIAM:

By motion for rehearing Covington County Bank argues that we have ignored a case that held to the contrary of our decision at 716 F.2d 335, that prior case being Southern Cotton Oil Co. v. Merchants National Bank, 670 F.2d 548 (5th Cir.1982). In the prior case the Merchants Bank insisted it was only a collecting...

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