INTERNATIONAL PAPER CO. v. WHITSON

No. 76-1429.

571 F.2d 1133 (1977)

INTERNATIONAL PAPER COMPANY, a corporation, Plaintiff-Appellant, v. Edmund R. WHITSON, a/k/a Ray Whitson, and Carolyn J. Whitson, United States of America, Secretary of Housing and Urban Development of Washington, D. C., and Advance Mortgage Corporation and Roosevelt Savings Bank of the City of New York, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 7, 1977.

Rehearing Denied January 13, 1978.


Attorney(s) appearing for the Case

Dean G. Constantine, Oklahoma City, Okl. (Warren E. Slagle, Kansas City, Mo., and D. C. Johnston, Jr., Oklahoma City, Okl., on brief), for plaintiff-appellant.

Raymond E. Tompkins, John S. Odell, and John E. Green, Oklahoma City, Okl. (David L. Russell, U. S. Atty., Oklahoma City, Okl., on brief), for defendants-appellees.

Before McWILLIAMS, DOYLE and MARKEY.


MARKEY, Chief Judge.

Appeal from a March 22, 1976 judgment of the United States District Court for the Western District of Oklahoma in favor of lender-parties to construction loan contracts, Advance Mortgage Corporation (Advance), Roosevelt Savings Bank of the City of New York (Roosevelt) and the United States of America, Secretary of Housing and Urban Development (HUD), and against a materialman claiming as a third-party beneficiary of the contracts, International...

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