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LINCOLN NAT. BANK & TRUST CO. v. BANK OF COMMERCE

Nos. 84-4716, 84-4717.

764 F.2d 392 (1985)

LINCOLN NATIONAL BANK & TRUST COMPANY, Plaintiff-Appellee, v. The BANK OF COMMERCE, Defendant-Appellant. NEW YORK LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. The BANK OF COMMERCE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 1, 1985.

Attorney(s) appearing for the Case

Cook, Yancey, King & Galloway, F. Drake Lee, Jr., Schober, Clawson & Brabham, Russell O. Brabham, Shreveport, La., for defendant-appellant.

Blanchard, Walker, O'Quin & Roberts, Roy S. Payne, M. Allyn Stroud, Shreveport, La., for plaintiff-appellee.

Before REAVLEY, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The Bank of Commerce of Shreveport, Louisiana appeals from a judgment holding it liable for the face amount of a series of checks it cashed under forged endorsements. We must decide whether Louisiana law affords the payee of such checks a claim against the cashing bank, and if it does, whether the checks must have first come into his possession before that cause of action accrues. We conclude that such a payee may bring suit...

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