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WESTERN SURETY CO. v. BANK OF SOUTHERN OREGON

No. 99-35844.

257 F.3d 933 (2001)

WESTERN SURETY CO., a Texas Corporation, Plaintiff-Appellee, v. BANK OF SOUTHERN OREGON, an Oregon state chartered bank, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 12, 2001.

Attorney(s) appearing for the Case

William V. Deatherage, Frohnmayer, Deatherage, Pratt, Jamieson, Clarke & Moore, P.C., Medford, Oregon, for the defendant-appellant.

Jan D. Sokol and James Clark Prichard, Stewart, Sokol & Gray LLC, Portland, Oregon, for the plaintiff-appellee.

Before: Alfred T. GOODWIN, Morton I. GREENBERG, and Johnnie B. RAWLINSON, Circuit Judges.

GREENBERG, Circuit Judge:

The Bank of Southern Oregon (the "Bank") appeals from a portion of the district court's summary judgment against it and in favor of Western Surety Company ("Western") on Western's claim that the Bank failed to honor its drafts under letters of credit. The Bank claims there was a genuine issue of material fact on its defense that Western fraudulently sought payment on one letter. Exercising plenary

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