U.S. v. MERCANTILE NAT. BANK AT DALLAS

No. 85-1514.

795 F.2d 492 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. MERCANTILE NATIONAL BANK AT DALLAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 28, 1986.


Attorney(s) appearing for the Case

I. Avrum Fingeret, U.S. Dept. of Energy, Washington, D.C., Marvin Collins, U.S. Atty., and Charles Ory, Asst. U.S. Atty., Dallas, Tex., for U.S.

Courtenay L. Bass, Winstead, McGuire, Sechrest & Minick, Michael L. Parham, Dallas, Tex., for Mercantile Nat. Bank at Dallas.

Before GEE, POLITZ and GARWOOD, Circuit Judges.


GEE, Circuit Judge:

This case requires us to apply Texas commercial law to determine whether the United States committed fraud in presenting for payment a letter of credit given as a payment guarantee in a sale of oil from its reserves. Reviewing the law convinces us that the Government's actions, while perhaps constituting a careless way of doing business, do not approach the unscrupulous conduct required to constitute fraud. This being so, we reverse the trial court...

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