MORRISON FLYING SERVICE v. DEMING NATIONAL BANK

No. 7750.

340 F.2d 430 (1965)

MORRISON FLYING SERVICE, a Montana corporation, Appellant, v. DEMING NATIONAL BANK, a national banking corporation, Appellee.

United States Court of Appeals Tenth Circuit.

January 26, 1965.


Attorney(s) appearing for the Case

A. W. Scribner, of Risken & Scribner, Helena, Mont. (Garland & Martin, Las Cruces, N. M., on the brief), for appellant.

Benjamin M. Sherman, Deming, N. M., for appellee.

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


HILL, Circuit Judge.

This appeal is from an order of summary judgment entered by the court below in favor of defendant-appellee and against plaintiff-appellant. The controversy is over the right of appellant, Morrison Flying Service (Morrison), to recover from appellee, Deming National Bank (Bank), for services performed by it under a subcontract with Cisco Aircraft, Inc. (Cisco).

The facts giving rise to the dispute are as follows: On April 23, 1962, Cisco...

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