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McNEIL CONSTRUCTION COMPANY v. LIVINGSTON STATE BANK

No. 758.

160 F.Supp. 809 (1957)

McNEIL CONSTRUCTION COMPANY, a corporation, Plaintiff, v. The LIVINGSTON STATE BANK, a corporation, Defendant.

United States District Court D. Montana, Helena Division.

December 4, 1957.

Attorney(s) appearing for the Case

Brown, Sande, Symmes & Forbes, Billings, Mont., for plaintiff.

Luxan & Scribner, Helena, Mont., for defendant.

MURRAY, Chief Judge.

Plaintiff depositor sues to recover the sum of $4,148.16 from the defendant bank which paid said sum out of the plaintiff's account upon forged checks.

Defendant filed a motion to dismiss upon the ground that the said action was filed in the wrong division, a motion to dismiss the action upon the ground the complaint failed to state a claim upon which relief could be granted, a motion to transfer said action to the Helena Division of said...

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