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CAIRO COOP. EXCHANGE v. FIRST NAT'L BANK OF CUNNINGHAM

No. 50,622

228 Kan. 613 (1980)

620 P.2d 805

THE CAIRO COOPERATIVE EXCHANGE, Appellant, v. THE FIRST NATIONAL BANK OF CUNNINGHAM, Appellee.

Supreme Court of Kansas.

Opinion filed December 6, 1980.

Attorney(s) appearing for the Case

J. Eugene Balloun, of Payne & Jones, Chartered, of Olathe, argued the cause and L. Franklin Taylor and Ronald L. Bodinson, of the same firm and Terry D. Bertholf, of Hutchinson, were with him on the brief for the appellant.

Thomas L. Theis, of Sloan, Listrom, Eisenbarth, Sloan and Glassman, of Topeka, argued the cause and David D. Gaumer, of Wunsch, Wunsch, Gaumer & Solomon, of Kingman, was with him on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

This is an action by a customer against a bank for its improper payment of certain checks over forged and restrictive indorsements. The trial court entered summary judgment for the bank. This appeal followed.

The agreed-upon facts are as follows. Plaintiff is a farm cooperative engaged in the usual business of buying and selling farm products and supplies...

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