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WHEAT STATE SERVICE CORPORATION v. COLFAX NATIONAL BANK

No. 78-1187.

618 P.2d 696 (1980)

WHEAT STATE SERVICE CORPORATION, a Colorado Corporation; and Richard A. O'Donnell, Plaintiffs-Appellees, and Kan-Col Investment Corporation, a Colorado Corporation, Plaintiff, v. COLFAX NATIONAL BANK, a national banking association, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 3, 1980.

Certiorari Denied October 6, 1980.

Attorney(s) appearing for the Case

Fleming, Pattridge, Hacking & Gardner, Conrad E. Gardner, Golden, for plaintiffs-appellees.

Long & Jaudon, P. C., James A. Dierker, Denver, for defendant-appellant.

KELLY, Judge.

Colfax National Bank appeals the judgment, after trial to the court, that the bank negligently transferred funds deposited in the name of Wheat State Service Corporation. We affirm.

Plaintiff Richard O'Donnell shared the financial interest in plaintiff Wheat State Service, a Kansas corporation, with W. L. Woolliscroft. Woolliscroft was a director of Colfax National Bank and had recently resigned as its president when he opened an account with...

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