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WINCHELL v. MOFFAT COUNTY STATE BANK

No. 6913.

307 F.2d 280 (1962)

Kenneth H. WINCHELL, Appellant, v. The MOFFAT COUNTY STATE BANK, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

July 10, 1962.

Attorney(s) appearing for the Case

Jack D. Henderson, Denver, Colo., and Martin A. Cannon, Omaha, Neb. (Robinson & Henderson, Denver, Colo., on the brief), for appellant.

V. G. Seavy, Jr., Denver, Colo. (Anthony F. Zarlengo, Denver, Colo., and Sid Pleasant, Craig, Colo., on the brief), for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and HILL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellant-plaintiff Winchell sued to recover a deposit made with the appellee-defendant, The Moffat County State Bank, under the trade name of Premier Mineral Upgrading Co. The Moffat bank permitted the deposit to be checked out by others using the same trade name. The trial court denied recovery on the ground that the Moffat bank was authorized to honor the checks. Jurisdiction is based on diversity.

Some time prior to August...

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