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COMMUNITY BK., L. OSWEGO, OR. v. BANK OF HALLANDALE & T. CO.

No. 72-2845.

482 F.2d 1124 (1973)

The COMMUNITY BANK, LAKE OSWEGO, OREGON, Plaintiff-Appellant, v. BANK OF HALLANDALE AND TRUST COMPANY, Defendant-Third Party Plaintiff-Appellee. Craig G. KALLEN, Defendant-Appellee, v. Jerome LURIE, Third Party Defendant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 5, 1973.

Attorney(s) appearing for the Case

Howard A. Setlin, Miami Beach, Fla., for plaintiff-appellant.

Charles F. Mills, South Miami, Fla., for Bank of Hallandale and Trust Co.

Craig G. Kallen, pro se.

Jerome Lurie, pro se.

Before THORNBERRY, AINSWORTH and RONEY, Circuit Judges.

RONEY, Circuit Judge:

The critical question on this appeal is whether the plaintiff bank in Oregon, in making a personal loan, relied on misrepresentations of the trust officer of the defendant bank in Florida regarding the borrower's financial condition. Although the District Court found the representations to be false, it held that the plaintiff's tort claim for damages must fail for want of reliance. We think that the evidence compels a finding of justified reliance...

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