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KIMBERLY A. ALLEN TRUST v. FIRSTBANK

No. 97CA2029.

989 P.2d 203 (1999)

KIMBERLY A. ALLEN TRUST, Plaintiff-Appellant, v. FIRSTBANK OF LAKEWOOD, N.A., Defendant-Appellee.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing October 21 and October 28, 1999.

Attorney(s) appearing for the Case

Dennis E. Baker, P.C., Dennis E. Baker, John R. Mallory, Denver, Colorado, for Plaintiff-Appellant.

Rothgerber, Johnson & Lyons LLP, Stephen T. Johnson, Samuel M. Ventola, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge KAPELKE.

In this action to recover funds charged back to its bank account, plaintiff, Kimberly A. Allen Trust (the Trust), appeals from the summary judgment entered in favor of defendant, FirstBank of Lakewood, N.A. (FirstBank). We reverse and remand with directions.

On March 14, 1997, the Trust deposited into its account with FirstBank a check drawn on Bank One (payor bank) in the amount of $110,737.50. A hold was placed on the account pending...

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