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ATKINSON v. NAT. BANK OF COM. OF MISS.

No. 57738.

530 So.2d 163 (1988)

Peter K. ATKINSON and Norma A. Atkinson v. NATIONAL BANK OF COMMERCE OF MISSISSIPPI.

Supreme Court of Mississippi.

August 3, 1988.

Attorney(s) appearing for the Case

Barry J. Walker, Roy O. Parker & Associates, Tupelo, for appellants.

Ralph E. Rood, Gholson, Hicks & Nichols, Columbus, for appellee.

En Banc.

ROBERTSON, Justice, for the Court:

I.

This action arises from a failed business venture. The debtors complain that upon consent sale of a Chevrolet van used as collateral, the bank misapplied and converted a part of the proceeds. The bank counterclaimed on an unpaid note given for a loan for operating capital. The circuit court summarily resolved all issues in favor of the bank. Though the matter is not quite so simple as the bank would have one think, we...

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