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GRESHAM STATE BANK v. O & K CON. CO.

231 Or. 106 (1962)

370 P.2d 726

372 P.2d 187

GRESHAM STATE BANK v. O AND K CONSTRUCTION COMPANY AND ZIMMERMAN

Supreme Court of Oregon.

Reversed and remanded April 25, 1962.

Petition for rehearing denied June 13, 1962.

Attorney(s) appearing for the Case

Clarence Potts, Portland, argued the cause for defendant-appellant. On the briefs were Potts & Davidson.

Robert L. Burns, Gresham, argued the cause for plaintiff-respondent Gresham State Bank. With him on the brief were McAllister, Burns & Gustafson.

Jack L. Hoffman, Portland, argued the cause for defendant-respondent and cross-appellant, Ada Zimmerman. With him on the brief were Pendergrass, Spackman, Bullivant & Wright and Patrick Ford, Portland.

Before ROSSMAN, J., Presiding, and PERRY, O'CONNELL, GOODWIN and LUSK, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

This suit was instituted by the Gresham State Bank, interpleading O and K Construction Company and Ada Zimmerman, dba Zimmerman's Twelve Mile Store, to determine the rights of the defendants to $5,622.98 which was tendered into court by plaintiff bank. This sum represented the amount of money credited to defendant Zimmerman's account in the plaintiff bank upon Zimmerman's deposit...

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