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WESTERN STATE BANK, ETC. v. FIRST U. BANK, ETC.

No. 3-175A5.

360 N.E.2d 254 (1977)

WESTERN STATE BANK OF SOUTH BEND, Indiana, Defendant-Appellant, v. FIRST UNION BANK & TRUST CO. OF WINAMAC, Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

February 28, 1977.

Attorney(s) appearing for the Case

Jere L. Humphrey, Chipman, Morrison & Humphrey, Plymouth, for defendant-appellant.

F.E. Rakestraw, Brown, Brown & Rakestraw, Rochester, for plaintiff-appellee.

GARRARD, Judge.

This appeal attacks a determination by summary judgment that First Union Bank & Trust Co. of Winamac (Union) was entitled to the status of a holder in due course (HDC) with respect to five certificates of deposit (C/D's) issued by Western State Bank of South Bend (Western).

The pleadings and other materials before the court asserted the following factual background. One certificate was dated...

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