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LINGER v. ROCKY MOUNTAIN BANK AND TRUST COMPANY

No. 70-657. (Supreme Court No. 24209.)

486 P.2d 29 (1971)

Lyman G. LINGER, Plaintiff in Error, v. ROCKY MOUNTAIN BANK AND TRUST COMPANY, Defendant in Error.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 20, 1971.

Certiorari Denied June 28, 1971.

Attorney(s) appearing for the Case

March, March & Sullivan, John-David Sullivan, Fort Collins, for plaintiff in error.

Harden, Olson & Napheys, B. F. Napheys III, Fort Collins, for defendant in error.

Certiorari Denied June 28, 1971, see note at end of opinion. Selected for Official Publication.

PIERCE, Judge.

This case was transferred from the Supreme Court pursuant to statute.

The parties appear here in reverse order of their appearance at trial; they will be referred to as the "Bank" and "Linger."

In 1965, Continental Caterers, Ltd., (the "Club") opened a checking account with the Bank, and early in 1966, it executed two demand notes...

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