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Kashanchi v. Texas Commerce Medical Bank, N.A.
United States Court of Appeals for the Fifth Circuit
703 F.2d 936 (1983)
- Written by Sean Carroll, JD
Facts
Morvarid Kashanchi (plaintiff) and her sister were joint holders of a savings account at Texas Commerce Medical Bank, N.A. (the bank) (defendant). According to Kashanchi, someone other than her or her sister initiated a $4,900 transfer from the account via a telephone conversation with an employee of the bank. The transfer was not made pursuant to a prearranged plan. Kashanchi sued the bank seeking to recover the funds under the Electronic Fund Transfer Act (the act). The bank filed a motion to dismiss for lack of subject-matter jurisdiction on the ground that the transaction was not covered by the act. The district court granted the motion. Kashanchi appealed.
Rule of Law
Issue
Holding and Reasoning (Randall, J.)
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