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FIDELITY BANK v. LUTHERAN MUTUAL LIFE INSURANCE CO.

No. 72-1024.

465 F.2d 211 (1972)

FIDELITY BANK, a National Association (formerly Fidelity National Bank and Trust Company of Oklahoma City, Oklahoma), a national banking corporation, Defendant-Appellant, v. LUTHERAN MUTUAL LIFE INSURANCE COMPANY, a corporation, Plaintiff-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 22, 1972.

Attorney(s) appearing for the Case

Ted D. Foster, Jr., Oklahoma City, Okl., for defendant-appellant.

Houston Bus Hill, Oklahoma City, Okl., for plaintiff-appellee.

Before BREITENSTEIN, HILL, and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Plaintiff-appellee Lutheran Mutual Life Insurance Company brought this diversity action against defendant-appellant Fidelity Bank of Oklahoma City, Oklahoma, to recover on a letter of credit issued by Bank. The trial court gave summary judgment for Lutheran and Bank appeals.

Four Seasons Equity Corporation and a related company, neither of which are parties to this action, constructed and operated nursing homes. In December, 1969...

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