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FIRST NATIONAL BANK OF DODGE CITY, KANSAS v. PERSCHBACHER

No. 7545.

335 F.2d 442 (1964)

FIRST NATIONAL BANK OF DODGE CITY, KANSAS, Appellant, v. Kelly PERSCHBACHER, Appellee.

United States Court of Appeals Tenth Circuit.

August 17, 1964.

Attorney(s) appearing for the Case

Wm. W. Gilbert, of Gilbert, White & Gilbert, Santa Fe, N. M. and George Stallwitz, of Lilleston, Spradling, Gott, Stallwitz & Hope, Wichita, Kan. (James A. Williams, of Williams, Larson & Voss, Dodge City, Kan., with them on the brief), for appellant.

Henry A. Kiker, Jr., of Smith, Kiker & Ransom, Albuquerque, N. M., and Charles D. Alsup, of Krehbiel, Alsup & Beck, Clayton, N. M., for appellee.

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

MURRAH, Chief Judge.

The appellant-bank brought this diversity suit to recover damages allegedly sustained when appellee-Perschbacher refused to honor three sight drafts drawn upon him by one Robinson, an insolvent cattle trader. The theory of the complaint tried to the Court is that the drafts were issued pursuant to a conspiracy between Perschbacher and Robinson to fraudulently secure credit from the appellant-bank for drawer-Robinson; and, that relying upon Perschbacher...

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