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SHERMAN v. FIRST CITY BANK OF DALLAS

Civ. A. No. CA3-88-1802-D, Bankruptcy No. 387-30381-A-7.

99 B.R. 333 (1989)

Daniel J. SHERMAN, Trustee, Plaintiff-Appellant, v. FIRST CITY BANK OF DALLAS, Defendant-Appellee.

United States District Court, N.D. Texas, Dallas Division.

April 20, 1989.

Attorney(s) appearing for the Case

Toby L. Gerber and Bruce W. Akerly, Dallas, Tex., for plaintiff-appellant.

John Maxfield, of Stigall & Maxfield, Dallas, Tex., for defendant-appellee.

FITZWATER, District Judge:

A chapter 7 trustee appeals the bankruptcy court's judgment permitting a bank to set off credit card chargebacks against sums that the debtor had deposited with the bank. Finding no abuse of discretion, the court affirms the judgment.

I.

United Sciences of America, Inc. ("United Sciences") was engaged in the business of selling vitamins, nutrients, and other health food products to the general public. United Sciences permitted...

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