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University of Arkansas
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Counterfeit Checks — What Rules Should Cover These?

By · October 10, 2011 · 2011 Ark. L. Notes 618
In categories: Business Law, Debtor/Creditor, Financial Institutions Law

Let’s start with the facts of a Seventh Circuit case, Wachovia Bank, N.A. v. Foster Bancshares, Inc. Last year I wrote to say we in Arkansas should not follow an Ohio case. Here I argue that we should not follow the reasoning of a Seventh Circuit case. Even worse, part of its reasoning is used in an earlier Texas case. I would think that Arkansas courts would follow cases from the Seventh Circuit and the Texas Court of Appeals. I hope they do not. What follows are some arguments you can use to try and convince a court not to follow either of these cases. I guess I have a bit of chutzpah!

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Janet Flaccus – Counterfeit Checks — What Rules Should Cover These? – Arkansas Law Notes 2011 (PDF file)