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FLYING DIAMOND CORP. v. PENNALUNA & CO., INC.

No. 76-3761.

586 F.2d 707 (1978)

FLYING DIAMOND CORPORATION, a corporation, Plaintiff-Appellant, v. PENNALUNA & CO., INC., a/k/a Jerry T. O'Brien, Inc., a corporation, J. T. O'Brien, a/k/a Jerry T. O'Brien, Myrna R. Scott, First National Bank, Wallace, Idaho, a National Banking Association, George W. Zeller, Seeberg Investment Company, William Campbell, and Dorothy Brainard, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

November 20, 1978.

Attorney(s) appearing for the Case

Michael E. McNichols (argued), Orofino, Idaho, for plaintiff-appellant.

C. Dean Little (argued), LeSourd, Patten, Fleming & Hartung, Seattle, Wash., for defendants-appellees.

Before WRIGHT and GOODWIN, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

The Flying Diamond Corporation (FDC) has appealed from a summary judgment in favor of Jerry T. O'Brien, Inc., d/b/a Pennaluna & Company, and Jerry T. O'Brien individually (collectively referred to as "Pennaluna"), and First National Bank of Wallace, Idaho, now known as First National Bank of North Idaho (First National Bank), guarantors of endorsements on stock certificates issued by FDC. In its...

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