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BANK OF NICHOLS HILLS v. BANK OF OKLAHOMA

No. 104095. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

196 P.3d 984 (2008)

2008 OK CIV APP 87

BANK OF NICHOLS HILLS, an Oklahoma Banking Corporation, Plaintiff/Appellant, v. BANK OF OKLAHOMA, a National Banking Association, Defendant/Third-Party Plaintiff/Appellee, v. Michael A. Russell, an individual; Stacy Russell, an individual; and Green Tree Investment Holdings, L.L.C., Third-Party Defendants.

Court of Civil Appeals of Oklahoma, Division No. 4.

Rehearing Denied June 27, 2008.

Certiorari Denied October 6, 2008.

Attorney(s) appearing for the Case

Mark D. Mitchell, Mark D. Mitchell, P.C., Mitchell, Davis, Klein & Pickens, Oklahoma City, OK, for Plaintiff/Appellant.

Frederic Dorwart, J. Michael Medina, John D. Clayman, Frederic Dorwart, Lawyers, Tulsa, OK, for Defendant/Third-Party Plaintiff/Appellee.

DOUG GABBARD II, Presiding Judge.

¶ 1 Plaintiff, Bank of Nichols Hills (BNH), appeals a trial court judgment for Defendant, Bank of Oklahoma (BOK), regarding payment of a forged check. The primary issue on appeal is whether BOK presented sufficient proof to support the trial court's finding that the 12A O.S.2001 § 3-406 preclusion defense applied. We find that it did, and affirm.

FACTS

¶ 2 The parties stipulated to most of the following...

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