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BANK OF AMERICA, N.A. v. AMARILLO NAT. BANK

No. 07-03-0406-CV.

156 S.W.3d 108 (2004)

BANK OF AMERICA, N.A., Appellant, v. AMARILLO NATIONAL BANK, Appellee.

Court of Appeals of Texas, Amarillo.

December 20, 2004.

Attorney(s) appearing for the Case

Eric Lipper, Michael D. Conner, Michael F. Hord Jr., Hirsch & Westheimer, P.C., Houston, for Appellant.

Eric. D. Pearson, Sayles & LIDJI, P.C., Dallas, for Appellee.

Before JOHNSON, C.J., and QUINN and REAVIS, JJ.

Opinion

BRIAN QUINN, Justice.

Bank of America (BOA) appeals from a final summary judgment awarding Amarillo National Bank (ANB) damages. The damages purportedly arose from BOA's alleged breach of a warranty accompanying the presentation of a check. It is undisputed that the instrument presented to and paid by ANB was counterfeit or a forgery. Five issues are before us; however, we need only consider the first and last for they are dispositive of the...

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