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VALLEY BANK v. NEIBAUR

No. 18033.

819 P.2d 1133 (1991)

120 Idaho 733

VALLEY BANK, an Idaho banking corporation, Plaintiff-Respondent, Respondent on Appeal, v. Ryan NEIBAUR and Vicki Neibaur, husband and wife, Defendants-Appellants, Appellants on Appeal, and Monarch Investment Company, Monarch Coin Company, John D. Larsen, Paul Larsen, R & N Enterprises, and John Does One Through Ten, Defendants-Appellants.

Supreme Court of Idaho, Idaho Falls, May 1991 Term.

Rehearing Denied November 21, 1991.

Attorney(s) appearing for the Case

Imhoff & Lynch, Boise, for Neibaur, et al. Stephen McGrath argued.

Anderson, Pike & Bush, Idaho Falls, for Valley Bank. Gregory S. Anderson argued.

ON REHEARING

JOHNSON, Justice.

Following the issuance of the opinion in this case, the Court granted rehearing to consider whether the Neibaurs should be precluded under I.C. § 28-3-406 from asserting Palmer's unauthorized indorsement. This issue was raised before the magistrate judge, on appeal to the district judge, and on appeal to this Court. We did not specifically address the issue in our original opinion...

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