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LIBERTY NAT. B. & T. CO. v. BANK OF AMERICA NAT. T. & S. ASS'N

Nos. 4855, 4856.

218 F.2d 831 (1955)

LIBERTY NATIONAL BANK & TRUST COMPANY, a national banking association, Appellant, v. BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION, a national banking association, Appellee. BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION, a national banking association, Cross-Appellant, v. LIBERTY NATIONAL BANK & TRUST COMPANY, a national banking association, Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 11, 1955.

Attorney(s) appearing for the Case

V. P. Crowe and John W. Swinford, Oklahoma City, Okl. (Embry, Crowe, Tolbert, Boxley & Johnson, Oklahoma City, Okl., on the brief), for appellant and cross-appellee.

Richard W. Fowler, Oklahoma City, Okl. (Kenneth M. Johnson, San Francisco, Cal., and Cochran, Dudley, Fowler, Rucks, Baker & Jopling, Oklahoma City, Okl., on the brief), for appellee and cross-appellant.

Before BRATTON, HUXMAN and PICKETT, Circuit Judges.

BRATTON, Circuit Judge.

This is an action instituted by Bank of America National Trust and Savings Association, hereinafter referred to as Bank of America, against Liberty National Bank and Trust Company, hereinafter referred to as Liberty National, to recover judgment upon two commercial drafts, or in the alternative, judgment for such lesser sum as it might be entitled to under the facts alleged in the complaint.

Bank of America is engaged in the banking...

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