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RICHARDS v. PLATTE VALLEY BANK

No. 85-2665.

866 F.2d 1576 (1989)

David K. RICHARDS, Plaintiff-Appellee, v. PLATTE VALLEY BANK, Defendant-Appellant, H. Ray Christman and Attorneys' Title Guaranty Fund, Inc., Defendants.

United States Court of Appeals, Tenth Circuit.

February 14, 1989.

Attorney(s) appearing for the Case

Steven J. Merker of Davis, Graham & Stubbs, Denver, Colo., for plaintiff-appellee.

Andrew J. Friedrich (Edgar L. Neel, with him, on the briefs), Weller, Friedrich, Hickisch, Hazlitt & Ward, Denver, Colo., for defendant-appellant.

Before SEYMOUR, McWILLIAMS, and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Plaintiff Richards brought this action against Platte Valley Bank (Bank) for breach of fiduciary duty. Richards sought to recover $430,000 he had placed in escrow with Centennial Escrow Services, Inc. (Centennial). Marshall, the president of Centennial, placed the funds in Centennial's trust account at Platte Valley Bank and then wire transferred the money to himself rather than Richards. Richards alleged the Bank had notice of the circumstances...

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