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McNEIL CONSTRUCTION COMPANY v. LIVINGSTON STATE BANK

No. 17102.

300 F.2d 88 (1962)

McNEIL CONSTRUCTION COMPANY, a Corporation, Appellant, v. The LIVINGSTON STATE BANK, a Montana State Bank, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 10, 1962.

Attorney(s) appearing for the Case

Anderson, Symmes, Forbes, Peete & Brown, by Weymouth D. Symmes, Billings, Mont., for appellant.

Luxan & Scribner, Helena, Mont., A. W. Scribner, Helena, Mont., of counsel, for appellee.

Before CHAMBERS and HAMLIN, Circuit Judges, and FOLEY, District Judge.

CHAMBERS, Circuit Judge.

It seems to be agreed that in September, 1956, a former employee of McNeil, using stolen blank payroll checks of McNeil, made out to himself some 29 of them, forged the signature of someone authorized to sign the checks, and cashed them. The total was $4,148.16. The checks were all drawn on McNeil's account at the Livingston State Bank. In the regular course of business, the bank cashed the checks and charged them to the account of McNeil...

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