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IN RE NAT WARREN CONTRACTING CO., INC.

No. 89-2088.

905 F.2d 716 (1990)

In re NAT WARREN CONTRACTING CO., INC., Debtor. ALEXANDER & JONES, a Virginia General Partnership, Plaintiff-Appellee, v. SOVRAN BANK, N.A., Defendant-Appellant, and Nat Warren Contracting Co., Inc., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided April 17, 1990.

Ordered Published June 11, 1990.

Attorney(s) appearing for the Case

Ann Burke Brogan (Thomas E. Cabaniss, McGuire, Woods, Battle & Boothe, Norfolk, Va., on brief), for defendant-appellant.

Stuart L. Nachman, Kalfus, Nachman & Stanley, Norfolk, Va., for plaintiff-appellee.

Before PHILLIPS, SPROUSE, and WILKINS, Circuit Judges.

WILKINS, Circuit Judge:

Sovran Bank, N.A. (Sovran) appeals from the judgment of the district court affirming the decision of the bankruptcy court in an action by Alexander & Jones to determine ownership of a checking account.1 Because we conclude that commingling of funds rendered the account a general account, we reverse.

I.

In March 1988 a checking account was established at Sovran in the name of Nat Warren Contracting...

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