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FIRST NATIONAL BANK IN DALLAS v. ROZELLE

Nos. 72-1864, 72-1865.

493 F.2d 1196 (1974)

FIRST NATIONAL BANK IN DALLAS, a National Banking Association, Plaintiff-Appellant and Cross-Appellee, v. F. McQueen ROZELLE, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided January 31, 1974.

Rehearing Denied May 8, 1974.

Attorney(s) appearing for the Case

Peter B. Bradford, Oklahoma City, Okl. (Judson S. Woodruff, and McAfee, Taft, Cates, Mark, Bond & Rucks, Oklahoma City, Okl., on the brief), for plaintiff-appellant and cross-appellee.

James D. Grigsby, Oklahoma City, Okl. (Andrew Wilcoxen, Muskogee, Okl., on the brief), for defendant-appellee and cross-appellant.

Before PHILLIPS, HILL and HOLLOWAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

This diversity action by the bank seeks recovery on several notes and foreclosure against defendant Rozelle's interest in oil and gas leaseholds and personal property thereon in Hughes County, Oklahoma. The trial court denied foreclosure, holding that a proper tender had been made on the indebtedness secured by the mortgage and that other indebtedness asserted by the bank was not covered by the mortgage, or had been paid. Recovery was also...

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