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MSA TUBULAR PRODUCTS v. FIRST BANK AND TRUST CO.

Nos. 87-1898, 87-2103.

869 F.2d 1422 (1989)

MSA TUBULAR PRODUCTS, INCORPORATED, a New Jersey Corporation, Plaintiff-Appellant, v. FIRST BANK AND TRUST COMPANY, YALE, OKLAHOMA, an Oklahoma Banking Corporation, and First Yale Bancorporation, Inc., an Oklahoma Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 20, 1989.

Attorney(s) appearing for the Case

Richard M. Meth of Kirsten, Simon, Friedman, Allen, Cherin & Linken (Harold Friedman of Kirsten, Simon, Friedman, Allen, Cherin & Linken, Newark, N.J., and Gayle L. Barrett of Crowe & Dunlevy, Oklahoma City, Okl., with him on the briefs), Newark, N.J., for plaintiff-appellant.

John N. Hermes of McAfee & Taff (Drew D. Webb of McAfee & Taff, Oklahoma City, Okl., and Hal Wm. Ellis of Ellis, Teter and Worthington, Stillwater, Okl., with him on the brief), Oklahoma City, Okl., for defendants-appellees.

Before LOGAN, MOORE and TACHA, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

This diversity case questions whether a bank in the state of Oklahoma can become liable for giving misleading information to an entity making an inquiry into the credit worthiness of one of the bank's depositors. The Oklahoma Supreme Court has not decided this precise issue, but we believe it would answer the question in the affirmative. Oklahoma law provides that, when a person responds to a request for information, the party responding...

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