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LIBERTY NAT. BANK & TR. CO. OF OKL. CITY v. ACME TOOL, ETC.

No. 75-1422.

540 F.2d 1375 (1976)

The LIBERTY NATIONAL BANK & TRUST COMPANY OF OKLAHOMA CITY, a National Banking Corporation, Plaintiff-Appellant, v. ACME TOOL DIVISION OF the RUCKER COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

On Rehearing September 27, 1976.

Attorney(s) appearing for the Case

Val R. Miller of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., for plaintiff-appellant.

James A. Kirk of Linn, Helms, Kirk & Burkett, Oklahoma City, Okl. (Mark A. Robertson of Linn, Helms, Kirk & Burkett, Oklahoma City, Okl., on the brief), for defendant-appellee, Hazel Bailey.

HOLLOWAY, Circuit Judge not participating.

WILLIAM E. DOYLE, Circuit Judge.

This is an interpleader action brought pursuant to 28 U.S.C. Section 1335, in which one Hazel Bailey has asserted a counterclaim against appellant Liberty Bank, the essence of which is that Liberty Bank conducted sales of property in a commercially unreasonable manner to her injury and damage.

The original controversy commenced in 1966 or 1967. Hazel Bailey at that time had some $20,000 from insurance proceeds,

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