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U.S. FIDELITY AND GUAR. CO. v. BANK OF BENTONVILLE

Civil No. 98-5134.

29 F.Supp.2d 553 (1998)

UNITED STATES FIDELITY AND GUARANTY COMPANY, as Subrogee and Assignee of Cooper Communities, Inc., Plaintiff, v. BANK OF BENTONVILLE, Nationsbank N.A., f/k/a Boatmen's Bank of Vandalia, Debbie Whited a/k/a Debbie Eugena Whited, and Lawrence Omlor, Defendants.

United States District Court, W.D. Arkansas, Fayetteville Division.

December 9, 1998.

Attorney(s) appearing for the Case

Thomas A. Daily, Daily & Woods, Fort Smith, AR, Mark E. Wilson, Scott L. Schmookler, Clausen Miller, Chicago, IL, for U.S. Fidelity and Guar. Co.

Rickard W. Hood, Hood & Conner, Bentonville, AR, for Bank of Bentonville.

Kimberly W. Tucker, Judy Simmons Henry, Wright, Lindsey & Jennings, Little Rock, AR, for Nationsbank.

Xollie B. Duncan, Bentonville, AR, for Debbie D. Whited.

James G. Lingle, Lingle Law Firm, Rogers, AR, Peter G. Kumpe, Robert F. Thompson, III, Williams & Anderson, Little Rock, AR, for Lawrence Omlor.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Senior District Judge.

This case is before the court on NationsBank's motion to dismiss portions of the complaint. Specifically, NationsBank contends count one of the complaint alleging breach of its depository agreement with Cooper Communities, Inc. fails to state a claim because the checks which form the basis of this action were as a matter of law properly payable. With respect to all counts, NationsBank contends...

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