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FIRST ST. BK. v. AMERICAN BK. OF SHERMAN

No. 05-86-00804-CV.

732 S.W.2d 404 (1987)

FIRST STATE BANK OF McKINNEY, Texas, Appellant, v. AMERICAN BANK OF SHERMAN, N.A., Appellee.

Court of Appeals of Texas, Dallas.

June 4, 1987.

Attorney(s) appearing for the Case

John R. Stooksberry, McKinney, for appellant.

John D. Hill, Sherman, for appellee.

Before HOWELL, McCLUNG and McCRAW, JJ.

McCLUNG, Justice.

First State Bank of McKinney, Texas (First State) sued American Bank of Sherman, N.A. (American) alleging late return of two checks in breach of American's statutory duty under section 4.3021 of the Texas Business and Commerce Code (Tex.U.C. C.). The trial court held that American timely returned the checks. We disagree. Consequently, we reverse and render judgment for First State.

On March 29, 1982, Donald K...

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