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CITY OF PHOENIX v. GREAT WESTERN BANK & TRUST

No. 1CA-CIV7067.

148 Ariz. 53 (1985)

712 P.2d 966

CITY OF PHOENIX, a municipal corporation, Plaintiff-Appellant/Cross-Appellee, v. GREAT WESTERN BANK & TRUST, an Arizona corporation, Defendant-Appellee/Cross-Appellant.

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

November 5, 1985.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by William T. Birmingham, M. Byron Lewis, Phoenix, for City of Phoenix.

Reed, Goldstein & Jenkins-Reed, P.C. by Kenneth R. Reed, David B. Goldstein, Robin A. Morris, Phoenix, for Great Western Bank.

OPINION

CORCORAN, Judge.

Appellant City of Phoenix (City) appeals from the grant of summary judgment in favor of appellee Great Western Bank & Trust (Bank). The primary issue on appeal is whether the alleged misconduct of a depositary bank which accepts a fraudulently issued warrant precludes application of the "fictitious payee rule." We affirm the summary judgment in favor of the Bank. The Bank cross-appeals...

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