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COASTAL AGR. SUPPLY v. JP MORGAN CHASE BANK

No. 13-20293.

759 F.3d 498 (2014)

COASTAL AGRICULTURAL SUPPLY, INCORPORATED, Plaintiff-Appellant v. JP MORGAN CHASE BANK, N.A., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 21, 2014.

Attorney(s) appearing for the Case

Lawrence S. Fischman , Glast, Phillips & Murray, P.C., Dallas, TX, for Plaintiff-Appellant.

Edward J. Nicholas, Esq. , Senior Counsel, Linebarger Goggan Blair & Sampson, Houston, TX, Gordon M. Shapiro , Jackson Walker, L.L.P., Dallas, TX, for Defendant-Appellee.

Before HIGGINBOTHAM, DAVIS, and HAYNES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge.

Coastal Agricultural Supply, Incorporated brings this interlocutory appeal on two questions of law, namely whether § 3.405 of the UCC can serve as an affirmative defense to a common law "money had and received" claim, and whether settlement credits in Texas reduce the nonsettling defendant's liability rather than the plaintiff's total loss. For the reasons stated below, we AFFIRM and REMAND for proceedings consistent with...

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