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CITIZENS BANK OF CLOVIS v. RUNYAN

No. 18780.

789 P.2d 620 (1990)

109 N.M. 672

The CITIZENS BANK OF CLOVIS, a New Mexico corporation, Plaintiff-Appellee, v. James L. RUNYAN, Jr., George McLiney and John Wilson, Individually and doing business as a partnership, Defendants-Appellants, and Don Carlos Ranch, a partnership, and W. Dwight Clower, Defendants-Appellees, Paul C. Dean, Michael D. Hobbs, and all Unknown Claimants of Interest in the Premises Adverse to Plaintiff, Defendants.

Supreme Court of New Mexico.

Rehearing Denied April 25, 1990.

Attorney(s) appearing for the Case

Keleher & McLeod, Kurt Wihl, Albuquerque, for defendants-appellants.

Lynell G. Skarda, Clovis, for plaintiff-appellee.

Atwood, Malone, Mann & Turner, Victoria S. Arends, Roswell, for defendant-appellee Don Carlos Ranch.

OPINION

SOSA, Chief Justice.

James L. Runyan, Jr. (Runyan) appeals a partial summary judgment, made final by the trial court, in favor of The Citizens Bank of Clovis (CBC). At issue is a sum of money, more than $400,000, placed in an interest-bearing account with CBC pending resolution of a controversy over who is entitled to the account. The facts behind the creation of the account are as follows.

I.

FACTS

Runyan bought cattle...

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