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SOUTH SOUND NAT'L BANK v. FIRST INT. BANK

No. 81-2343; CA A27078.

672 P.2d 1194 (1983)

65 Or.App. 553

SOUTH SOUND NATIONAL BANK, a National Banking Association, Appellant, v. FIRST INTERSTATE BANK, a National Banking Association, Fdba First National Bank of Oregon, Respondent.

Court of Appeals of Oregon.

Decided November 16, 1983.

Reconsideration Denied December 16, 1983.

Review Denied January 10, 1984.

Attorney(s) appearing for the Case

Paul J. DeMuniz, Salem, argued the cause and filed the briefs for appellant. With him on the briefs was Garrett, Seideman, Hemann, Robertson & DeMuniz, P.C., Salem.

Lee C. Nusich, Portland, argued the cause and filed the brief for respondent.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

YOUNG, Judge.

This appeal concerns the timeliness of the dishonor of two worthless checks by the Waverly Branch of First Interstate Bank. The trial court found the dishonor timely and granted First Interstate's cross motion for summary judgment. On appeal, South Sound National Bank (South Sound) contends that the dishonor was not timely, because it did not meet the "midnight deadline" prescribed by ORS 74.3020.1

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