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NORTH SIDE STATE BANK v. COUNTY COM'RS

No. 77150.

894 P.2d 1046 (1994)

NORTH SIDE STATE BANK (Federal Deposit Insurance Corporation by substitution), Plaintiff-Appellant, v. The BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, Oklahoma, Don E. Austin, Clerk of the District Court of the County of Tulsa, Oklahoma; John F. Cantrell, County Treasurer of the County of Tulsa, Oklahoma; Waldo E. Jones, Sr.; Waldo E. Jones II; Waldo E. Jones II & Associates, Inc.; and Seaboard Surety Company, Defendants-Appellees.

Supreme Court of Oklahoma.

Rehearing Denied May 3, 1995.

Attorney(s) appearing for the Case

James R. Ryan, Horace D. Ballaine, Conner & Winters, Tulsa, for appellant.

David Moss, District Atty., M. Denise Graham, Asst. Dist. Atty., Tulsa, for appellees.

OPALA, Justice.

The dispositive issue before us is whether the board of county commissioners is liable to a bank on a court clerk's depository voucher (delivered to a lawyer in compliance with a court order and cashed at the bank upon a payee's forged endorsement) either (1) as the voucher's drawer under the Uniform Commercial Code's [UCC] "Impostor Rule"1 or (2) as a principal of the county...

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