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SOUTHWEST. BANK & TR. CO., ETC. v. METCALF ST. BANK

Nos. 74-1619, 74-1620.

525 F.2d 140 (1975)

The SOUTHWESTERN BANK & TRUST COMPANY OF OKLAHOMA CITY, Appellant, v. METCALF STATE BANK, Appellee. STEWART SECURITIES, Appellant, v. METCALF STATE BANK, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 10, 1975.

Attorney(s) appearing for the Case

Joel L. Wohlgemuth, of Rizley, Prichard, Ford, Norman & Reed, Tulsa, Okl. (David L. Wolfe, Jr., Oklahoma City, Okl., with him on the brief), for appellants.

John M. Imel, of Martin, Logan, Moyers, Martin & Conway, Tulsa, Okl. (Paul Johanning, of Hirsh, Johanning & Hudson, Oklahoma City, Okl., and Bill R. Scarth, of Bassmann, Gordon, Mayberry & Scarth, Claremore, Okl., with him on the brief), for appellee.

Before LEWIS, Chief Judge, and SETH and McWILLIAMS, Circuit Judges.

SETH, Circuit Judge.

Appellants, Southwestern Bank & Trust Company of Oklahoma City, an Oklahoma corporation, and Stewart Securities, Inc., a Florida corporation, appeal from the dismissal of their action against Metcalf State Bank, a Kansas corporation, for breach of contract and breach of fiduciary duty.

The lawsuit arose out of the issuance of industrial development revenue bonds by the Claremore Industrial Authority of Claremore, Oklahoma. Appellants...

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