041643P.pdf   08/19/2005  Douglas Co.  v.  Commercial Natl.
   U.S. Court of Appeals Case No:  04-1643
                          and No:  04-2203
   Western District of Arkansas   
   [PUBLISHED] [Bye, Author, with Wollman and Murphy, Circuit 
   Judges] 
   Civil case - contracts. Suit against bank for breach of contract and 
   negligence was not barred by the parties' account agreement, as the 
   agreement's provision requiring the account holder to give the bank 
   notice within 60 days applied to forgeries and alterations and did not 
   apply to encoding errors made by the bank; whether the account holder 
   acted reasonably in bringing the matter to the bank's attention was 
   properly submitted to the jury; evidence was sufficient to support jury 
   verdict for the account holder on the claims that bank's error was 
   negligent; instructions were properly based on the elements of negligence 
   and the exercise of ordinary care; district court did not err in awarding 
   attorneys' fees based on Ark. Code Ann. Sec. 16-22-308; no error in 
   awarding prejudgment interest as the amount of the claim was readily 
   ascertainable.