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FIRST NAT. BANK OF ARIZONA v. CONTINENTAL BANK

No. 1 CA-CIV 5966.

138 Ariz. 194 (1983)

673 P.2d 938

FIRST NATIONAL BANK OF ARIZONA, a national banking association, Plaintiff-Appellee, v. CONTINENTAL BANK, an Arizona corporation, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department A.

Review Denied November 15, 1983.

Attorney(s) appearing for the Case

Streich, Lang, Weeks & Cardon by William S. Hawgood II, Barbara Richmond Berman, Phoenix, for plaintiff-appellee.

Filler, Paytas, Shannon & Fleming and Earl Terman by Henry R. Paytas, Scottsdale, for defendant-appellant.

OPINION

CONTRERAS, Acting Presiding Judge.

Three issues are presented in this appeal from the granting of a summary judgment in a case regarding the rights of a payor bank against the collecting bank for an item paid on unauthorized endorsements:

(1) Whether a payor bank can revoke payment of a check to a collecting bank based upon a stop payment order received from its customer four months after the check was paid when it is subsequently discovered...

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