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SOUTH SOUND NAT'L BANK v. CITIZENS VALLEY BK.

No. 81-2342; CA A27077.

672 P.2d 1198 (1983)

65 Or.App. 562

SOUTH SOUND NATIONAL BANK, a National Banking Association, Appellant, v. CITIZENS VALLEY BANK, an Oregon Banking Corporation, Respondent-Third-Party Plaintiff, v. Galen Van Dyken, Third-Party Defendant.

Court of Appeals of Oregon.

Decided November 16, 1983.

Reconsideration Denied January 6, 1984.

Review Denied January 24, 1984.

Attorney(s) appearing for the Case

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

Dean M. Quick, Albany, argued the cause for respondent-third-party plaintiff. With him on the brief was Weatherford, Thompson, Brickey & Powers, P.C., Albany.

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 Albany Branch (Albany) of Citizens Valley Bank (Citizens). The trial court found the dishonor timely and granted Citizens' 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.

On June 22, 1981, third-party defendant...

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