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SWISS CREDIT BANK v. BALINK

No. 77-1880.

614 F.2d 1269 (1980)

SWISS CREDIT BANK, Plaintiff-Appellee, v. Henry BALINK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided February 13, 1980.

Rehearing Denied March 17, 1980.

Attorney(s) appearing for the Case

Paul M. Fish, of Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, N.M., for plaintiff-appellee.

Henry G. Coors, IV, of Coors, Singer, Anaya, Brennan & Stratton, P. A., Albuquerque, N.M. (Saul Cohen of Olmsted & Cohen, Santa Fe, N.M., with him on the brief), for defendant-appellant.

Before SETH, Chief Judge, LOGAN, Circuit Judge, and MILLER, Judge.

LOGAN, Circuit Judge.

This appeal arises out of a suit brought by Swiss Credit Bank, located in Switzerland, against Henry Balink for return of $11,500 it paid to him on a check over a stop payment order. Judgment was entered, after trial, in favor of the Bank on the basis of subrogation under what is now N.M.Stat.Ann. § 55-4-407 (1978) and the common law theory of unjust enrichment. Balink appealed.

The dispute has its origins in an agreement for the...

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