AMWEST SUR. INS. CO. v. REPUBLIC NAT. BANK

No. 91-2713.

977 F.2d 122 (1992)

AMWEST SURETY INSURANCE COMPANY, Plaintiff-Appellant, v. REPUBLIC NATIONAL BANK, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 1, 1992.


Attorney(s) appearing for the Case

Jeff B. Slagle, Thompson & Slagle, Norcross, Ga., argued, for plaintiff-appellant.

Harry Augustus Swagart, III, Law Offices — Harry A. Swagart, III, P.A., Columbia, S.C., argued, for defendant-appellee.

Before WIDENER and NIEMEYER, Circuit Judges, and LEGG, United States District Judge for the District of Maryland, sitting by designation.


OPINION

NIEMEYER, Circuit Judge:

In this diversity case Amwest Surety Insurance Company seeks to recover from Republic National Bank, of Columbia, South Carolina, funds that Amwest erroneously overdrew under a letter of credit and then returned with directions to "put [them] back into the ... Letter of Credit." Amwest claims that when Republic National accepted the returned funds but refused to honor a subsequent...

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