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BANK OF THE WEST v. WES-CON DEV.

No. 2673-1.

15 Wn. App. 238 (1976)

548 P.2d 563

BANK OF THE WEST, Appellant, v. WES-CON DEVELOPMENT CO., INC., ET AL, Defendants, ROBERT GOOCH, ET AL, Respondents.

The Court of Appeals of Washington, Division One.

April 5, 1976.

Attorney(s) appearing for the Case

Matsen, Cory, Matsen & Sprague and Thomas E. Sprague, for appellant.

Jordan, Brinster & Templeman, P.S., Dennis Jordan, Thom, Mussehl, Navoni, Hoff & Pierson, Richard W. Pierson, and Thomas R. Dreiling, for respondents.

CALLOW, J.

The plaintiff, Bank of the West, appeals from an order dismissing its action for fraud and unjust enrichment against Mt. View Sand & Gravel and Newland Construction Company, joint payees upon a bank check. The action was dismissed on the ground that a claim had not been stated upon which relief could be granted. We remand for trial.

Newland Construction Company, a general contractor, Wes-Con Development Company, a subcontractor, and Mt. View...

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