BAR-RAM IRR. PRODUCTS v. PHENIX-GIRARD BANK

No. 85-7197.

779 F.2d 1501 (1986)

BAR-RAM IRRIGATION PRODUCTS, Plaintiff-Appellee, v. PHENIX-GIRARD BANK, Defendant-Appellant, Shalom Irrigation, Inc., et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

January 13, 1986.


Attorney(s) appearing for the Case

L. Joel Collins, Phenix City, Ala., Ronald W. Wise De Ment & Wise, Montgomery, Ala., for defendant-appellant.

William Allen Smyly, Jr., Walter J. Sears, III, Birmingham, Ala., for plaintiff-appellee.

Before GODBOLD, Chief Judge, JOHNSON, Circuit Judge, and TUTTLE, Senior Circuit Judge.


JOHNSON, Circuit Judge:

This diversity suit presents two questions: (1) whether the district court's finding that the appellant, Phenix-Girard Bank, is liable to the appellee, Bar-Ram Irrigation Products, for failing to secure the signature of the drawee on certain bank drafts is clearly erroneous; and (2) whether and on what basis damages should be assessed if the appellant is liable. We conclude that the trial judge was not clearly in error as to the issue of liability...

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