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131879P.pdf   06/11/2014  Choice Escrow and Land Title  v.  BancorpSouth Bank
   U.S. Court of Appeals Case No:  13-1879
                          and No:  13-1931
   U.S. District Court for the Western District of Missouri - Springfield   
[PUBLISHED] [Wollman, Author, with Murphy and Gruender, Circuit Judges] Civil case - Uniform Commercial Code. Under Article 4A of the UCC, where a bank and customer agree to implement a security procedure designed to protect themselves against fraud, the customer bears the risk of loss where the security procedure is commercially reasonable and the bank proves it accepted the payment order in good faith and in compliance with the procedures or customer instructions; here, all prongs of this test were met and the district court did not err in finding Choice bore the risk of loss; the provision in the parties' agreement regarding indemnification for attorneys' fees did not conflict with Article 4A and defendant may seek attorneys' fees from Choice under this provision.