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WHITE SANDS FOREST v. FIRST NATIONAL BANK

No. 22,225.

50 P.3d 202 (2002)

132 N.M. 453

2002-NMCA-079

WHITE SANDS FOREST PRODUCTS, INC., Plaintiff-Appellee, v. FIRST NATIONAL BANK OF ALAMOGORDO, Defendant-Appellant.

Court of Appeals of New Mexico.

June 10, 2002.

Attorney(s) appearing for the Case

Wendell B. Lane, Wendell B. Lane, P.C. Alamogordo, NM, for Appellee.

Lynne Pruett, Hakanson & Pruett, P.C., Alamogordo, NM, for Appellant.

OPINION

ALARID, Judge.

INTRODUCTION

{1} This case requires us to decide whether NMSA 1978, § 55-3-406 (1992) creates a statutory cause of action against a depositary bank for allegedly failing to exercise ordinary care in taking for collection numerous checks bearing a forged drawer's signature. We hold that Section 55-3-406 does not create a statutory negligence action against a depositary bank for alleged negligence in taking checks...

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