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BARNES v. CHERRY CREEK NATIONAL BANK OF DENVER

No. 21943.

431 P.2d 471 (1967)

J. Y. BARNES and Portland Cement Association, an unincorporated association, Plaintiffs in Error, v. CHERRY CREEK NATIONAL BANK OF DENVER, a national banking association, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied September 25, 1967.

Attorney(s) appearing for the Case

Mitchell Benedict, Denver, for plaintiffs in error.

Weller, Friedrich & Hickisch, Denver, for defendant in error.

MOORE, Chief Justice.

J. Y. Barnes and Portland Cement Association, hereinafter referred to as Portland, brought an action in the trial court against the defendant in error, hereinafter referred to as the bank, seeking recovery of moneys paid out by the bank under the following circumstances, none of which are in dispute. These admitted facts as set forth in the pre-trial order are as follows:

"Plaintiff, J. Y. Barnes, was the payee of check #4405 of Portland...

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