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STATE CAPITOL BANK OF OKLAHOMA CITY v. NORICK

No. 49068.

550 P.2d 587 (1976)

STATE CAPITOL BANK OF OKLAHOMA CITY, Oklahoma, Appellant, v. James H. NORICK and C.H. Simpson, Appellees.

Court of Appeals of Oklahoma, Division No. 2.

Released for Publication May 20, 1976.

Attorney(s) appearing for the Case

Fuller, Tubb & Pomeroy, Oklahoma City, for appellant.

Robert H. Gilliland, Jr., and John N. Hermes, McAfee, Taft, Mark, Bond, Rucks & Woodruff, Oklahoma City, for appellee James H. Norick.

Roland Tague and Francis S. Irvine, Kerr, Davis, Irvine, Burbage, Krasnow & Rhodes, Oklahoma City, for appellee C.H. Simpson.

Released for Publication by Order of Court of Appeals May 20, 1976.

BRIGHTMIRE, Judge.

A bank brings this action against two limited guarantors of a promissory note to recover an unpaid balance. The trial court granted defendants a summary judgment on the ground an amount in excess of their agreed liability limits had been paid on the note. Bank assails the ruling for being, it says, contrary to the guarantors' agreement.

I

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