GUS T. HANDGE & SON PAINTING v. DOUGLASS STATE BANK

Civ. A. No. 78-2166.

543 F.Supp. 374 (1982)

GUS T. HANDGE & SON PAINTING COMPANY, Plaintiff, v. DOUGLASS STATE BANK, Defendant & Third-Party Plaintiff, v. Alfred SMITH, d/b/a Arrow Painting & Decorating Co., Third-Party Defendant.

United States District Court, D. Kansas.

July 13, 1982.


Attorney(s) appearing for the Case

Robert D. Benham, McAnany, Van Cleave & Phillips, Kansas City, Kan., Richard A. Stockenberg, St. Louis, Mo., for plaintiff.

John Sutherland, Kansas City, Kan., for Douglass State Bank.

Thomas M. Moore, Gould & Moore, Kansas City, Mo., Dana M. Harris, Overland Park, Kan., for Alfred Smith.


MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter comes before the court upon plaintiff's motion to dismiss the counterclaim of the third-party defendant.

Plaintiff brought this action against defendant Douglass State Bank to recover the value of certain checks bearing forged endorsements. These checks were drawn by plaintiff on his bank and made payable to various employees. Third-party defendant Alfred Smith, d/b/a Arrow Painting...

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