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AMERICAN BANK OF COMMERCE v. CITY OF McALESTER

No. 48765.

555 P.2d 581 (1976)

AMERICAN BANK OF COMMERCE, Appellee, v. CITY OF McALESTER, a Municipal Corporation, Appellant.

Supreme Court of Oklahoma.

Rehearing Denied November 2, 1976.

As Corrected November 22, 1976.

Attorney(s) appearing for the Case

William H. Layden, McAlester, for appellee.

Donald R. Hackler, McAlester, for appellant.

DAVISON, Justice.

In January, 1973, the partnership of J.B. Irvine & Son, general contractors, entered into a construction contract with the City of McAlester (appellant) to perform certain construction work for the City's Park and Recreation Department.

A nonassignment paragraph in the construction contract provided:

"The Contractor shall not assign the whole or any part of this contract or any moneys...

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