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COVINGTON v. PENN SQUARE NATIONAL BANK

No. 47974.

545 P.2d 824 (1975)

A.M. COVINGTON et al., Appellants, v. PENN SQUARE NATIONAL BANK, a National Banking Corporation, and Boulder Bank and Trust Company, a State Banking Corporation, Appellees.

Court of Appeals of Oklahoma, Division No. 1.

Rehearing Denied December 2, 1975.

Certiorari Denied January 16, 1976.

Released for Publication January 22, 1976.

Attorney(s) appearing for the Case

Covington, Farrar & Poe, by A.M. Covington, James E. Poe, Tulsa, for appellants.

Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, for appellee Penn Square National Bank.

Ungerman, Grabel & Ungerman, Tulsa, for appellee Boulder Bank & Trust Co.

Released for Publication by Order of Court of Appeals January 22, 1976.

REYNOLDS, Judge:

This is a suit against two banks to recover the amount of a cashier's check obtained from plaintiff by fraud and paid in contravention of a stop order. The case was submitted to the trial court on pleadings, admissions and interrogatories. The plaintiff appeals summary judgment for the defendant banks.

In November of 1972 one James F. Beaird, Jr. contacted the...

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