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BANK OF AMERICA NT & SA v. HUBERT

No. 73970-6.

101 P.3d 409 (2004)

153 Wash.2d 102

BANK OF AMERICA NT & SA f/k/a Seafirst Bank, a National Banking Institution, Petitioner, v. DAVID W. HUBERT, P.C., a Washington Corporation; David W. Hubert and Katharine Hubert, individually and the marital community, Respondents, and M. Gail Kurpgewiet a/k/a M. Gail Williams and John Doe Williams, individually and the marital community, Defendants.

Supreme Court of Washington, En Banc.

November 18, 2004.

Attorney(s) appearing for the Case

Erika Balazs, Jed William Morris, Spokane, for Petitioner.

Patrick N. Rothwell, Davis Rothwell Mullin Earle & Xochihua, Seattle, for Respondents.

MADSEN, J.

Bank of America challenges the Court of Appeals decision reversing the trial court's summary judgment in its favor. The issues are (1) whether Key Bank or Sterling Savings Bank is the payor bank under RCW 62A.4-105; (2) whether failure by a payor bank to dishonor an NSF check under the "midnight deadline" rule renders a collecting bank accountable; and (3) whether David W. Hubert, P.C. (Hubert P.C.) may be liable for negligent supervision where a paralegal...

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