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DANNING v. BANK OF AMERICA

Docket No. 67129.

151 Cal.App.3d 961 (1984)

199 Cal. Rptr. 163

CURTIS B. DANNING, as Trustee, etc., Plaintiff and Respondent, v. BANK OF AMERICA, Defendant, Cross-complainant and Appellant; HAROLD GOLDSTEIN et al., Cross-defendants and Respondents.

Court of Appeals of California, Second District, Division Five.

February 10, 1984.

Attorney(s) appearing for the Case

COUNSEL

Zobrist & Vienna, Zobrist, Vienna & McCullough, Burton V. McCullough, George W. Coombe, Jr., Ullar Vitsut and Elizabeth A. Shaw for Defendant, Cross-complainant and Appellant.

Sidley & Austin, Thomas E. Garcin, Richard T. Peters and Patrick J. Coughlin for Plaintiff and Respondent.

No appearance for Cross-defendants and Respondents.

OPINION

SWINK, J.* —

INTRODUCTION

This is an action brought by the trustee in bankruptcy of the estate of a bankrupt corporation against a payor bank for allegedly paying a check without proper authorization and charging the amount thereof against the bankrupt's account.

Goldstein, Samuelson, Inc. (GSI) was a California corporation engaged in the business of writing and marketing...

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