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ENERGETICS, INC. v. ALLIED BANK OF TEXAS

No. 85-2098.

784 F.2d 1300 (1986)

ENERGETICS, INC., Plaintiff-Appellee, v. ALLIED BANK OF TEXAS, Defendant-Third Party Plaintiff-Appellant, v. CREDIT SUISSE, Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 17, 1986.

Attorney(s) appearing for the Case

Louis H. Salinas, Jr., Kevin R. Risley, Houston, Tex., for Allied Bank of Texas.

Pamela A. Prestridge, Houston, Tex., for Credit Suisse.

B. Lawrence Theis, Walter & Theis, Denver, Colo., for Energetics, Inc.

Before CLARK, Chief Judge, POLITZ and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

In this diversity suit, a lender bank appeals a judgment declaring that from a depositor's account it wrongfully offset money which belonged to a third party. We find that the bank wrongfully offset the funds, but the district court's judgment did not state the correct amount. We reverse the district court judgment of $604,597.97 and remand for entry of judgment in the sum of $428,362.70.

Appellant Allied Bank of Texas made...

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