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WALLACE v. UNITED MISSISSIPPI BANK

No. 96-CA-00383-SCT.

726 So.2d 578 (1998)

Texie Rae WALLACE v. UNITED MISSISSIPPI BANK.

Supreme Court of Mississippi.

Rehearing Denied August 27, 1998.

Attorney(s) appearing for the Case

David W. Baria, Hubbard Pierce & Baria, Jackson, for Appellant.

John T. Green, Natchez, for Appellee.

Before PITTMAN, P.J., BANKS AND WALLER, JJ.

BANKS, Justice, for the Court:

¶ 1. This matter involves the propriety of a bank setting off loans to the deceased against funds held in joint certificates of deposit ("CDs"). Summary judgment was entered in favor of the bank. We find that none of the legal bases on which the bank depends gave it the right to set off the subject CDs against the disputed notes, and that the plaintiff was entitled as a matter of law to the remaining value of the CDs after they...

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