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NATIONAL BANK OF COMMERCE OF TULSA v. ABC CONST. CO.

No. 40737.

442 P.2d 269 (1966)

The NATIONAL BANK OF COMMERCE OF TULSA, Plaintiff in Error, v. ABC CONSTRUCTION COMPANY and Standard Accident Insurance Company, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied July 18, 1967.

Second Rehearing Denied June 25, 1968.

Attorney(s) appearing for the Case

Carl Pinkerton, James C. Pinkerton, Tulsa, for plaintiff in error.

James G. Davidson, Tulsa, Clyde J. Watts, Oklahoma City, for defendant in error ABC Const. Co.

Looney, Watts, Looney, Nichols & Johnson, Oklahoma City, of counsel, for defendant in error Standard Accident Ins. Co.

LAVENDER, Justice.

This cause involves a dispute between the National Bank of Commerce of Tulsa, Oklahoma, hereinafter referred to as "Bank," ABC Construction Company, hereinafter referred to as "ABC," and Standard Accident Insurance Company, hereinafter called "surety."

The dispute arose when one J.C. Johnson, an individual, doing business as Johnson Construction Company, hereinafter called "Johnson," admitted in...

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