PEERLESS INS. CO. v. TEXAS COMMERCE BANK

No. 85-2311.

791 F.2d 1177 (1986)

PEERLESS INSURANCE COMPANY, and North American Systems, Inc., Plaintiffs-Appellants, v. TEXAS COMMERCE BANK — NEW BRAUNFELS, N.A., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 13, 1986.


Attorney(s) appearing for the Case

Daniel W. Hammer, Thompson, Hine & Flory, David J. Hooker, Cleveland, Ohio, McGown & McClanahan, Michael W. Fox, San Antonio, Tex., for plaintiffs-appellants.

Timothy Patton, John R. Locke, Jr., R. Wes Johnson, San Antonio, Tex., for defendant-appellee.

Before GOLDBERG, WILLIAMS and DAVIS, Circuit Judges.


IRVING L. GOLDBERG, Circuit Judge:

This diversity case involves the question whether § 3-419 of the Uniform Commercial Code displaced the common law action for money had and received under Texas law. It arises, one could say, from Vincent J. Menier's desire for more cream in his coffee. While Joe Dimaggio confidently extolled the virtues of "Mr. Coffee" coffee makers, which are manufactured by appellant North American Systems, Inc., Menier, the Vice President...

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