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COMMUNITY BANK v. UNITED STATES NAT. BANK OF ORE.

555 P.2d 435 (1976)

276 Or. 471

The COMMUNITY BANK, an Oregon Corporation, Respondent, v. UNITED STATES NATIONAL BANK OF OREGON, a National Banking Association, Appellant.

Supreme Court of Oregon.

Decided October 21, 1976.

Attorney(s) appearing for the Case

Richard M. Botteri, Portland, argued the cause for appellant. On the briefs were Charles F. Hinkle and Gregory R. Mowe, of Davies, Biggs, Strayer, Stoel & Boley, Portland.

Ferris F. Boothe, of Black, Kendall, Tremaine, Boothe & Higgins, Portland, argued the cause and filed the brief for respondent.

Before DENECKE, C.J., and O'CONNELL, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

DENECKE, Chief Justice.

This is an action for damages for wrongful failure to pay six checks totaling $93,560. The trial court, sitting without a jury, entered judgment for plaintiff. We reverse and remand for further proceedings.

The checks in question were drawn on defendant United States National Bank (U.S.) and were received by plaintiff Community Bank as deposits from its customers. Community, in the normal course of its operations, delivered the checks...

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