Morrison Flying Service, a Montana Corporation v. Deming National Bank, a National Banking Corporation

HILL, Circuit Judge.

This appeal is from an order of summary judgment entered by the court below in favor of defendant-appellee and against plaintiff-appellant. The controversy is over the right of appellant, Morrison Flying Service (Morrison), to recover from appellee, Deming National Bank (Bank), for services performed by it under a subcontract with Cisco Aircraft, Inc. (Cisco).

The facts giving rise to the dispute are as follows: On April 23, 1962, Cisco entered into a contract with the United States Department of Agriculture, under the terms of which it agreed to spray, from the air,…