Kenneth E. BLACK et al., the Trustees of C. I. Mortgage Group, or their respective successors in office as Trustees, Plaintiffs-Appellees,
v.
Louis G. O'HAVER and Betty K. O'Haver, Defendants-Appellants in Nos. 76-1201 & 77-1195, Defendants-Appellees in No. 76-1202.
NOAH BUILDERS, INC., Defendant-Third-Party Plaintiff-Appellant in No. 76-1202, Defendant-Third-Party Plaintiff-Appellee in Nos. 76-1201 & 77-1195, and
Curtis G. Newman (Third-Party Plaintiff) et al., Defendants-Appellees,
v.
STILLWATER NATIONAL BANK AND TRUST COMPANY, Third-Party Defendant-Appellee.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Submitted September 27, 1977.
Decided November 23, 1977.
Attorney(s) appearing for the Case
James F. Davis, Oklahoma City, Okl. (S. Paul Hammons, Oklahoma City, Okl., on the brief), of Andrews, Mosburg, Davis, Elam, Legg & Bixler, Inc., Oklahoma City, Okl., for plaintiffs-appellees, Black, et al.
Winfrey D. Houston of Fitzgerald, Houston & Worthington, Stillwater, Okl., for O'Havers.
Robert H. Alexander, Jr., Oklahoma City, Okl. (Val R. Miller, Oklahoma City, Okl., on the brief), of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., for Noah Builders, Inc.
W. Keith Thomas of Thomas, Hert & Anderson, Stillwater, Okl., for Stillwater National Bank and Trust Co.
Ronald D. Fulkerson, Oklahoma City, Okl., on the brief, for appellee, Milford W. Parker, d/b/a Parker Drywall Co.
Mitchell D. O'Donnell, Tulsa, Okl., on the brief, for appellee, Concrete Specialties of Tulsa, Inc.
Carroll F. Pope, Stillwater, Okl., on the brief, for appellee, Roy T. Hoke Lumber Company, Inc.
R. L. Hert, Jr., of Thomas, Hert & Anderson, Stillwater, Okl., on the brief, for appellees, the Quapaw Co. and Kerns Const., Inc.
Max E. Sater, Stillwater, Okl., on the brief, for appellee, Sam Short, d/b/a Short's Floor Covering.
Frank W. Davis, Guthrie, Okl., on the brief, for appellee, Turnkey Industries, Inc.
Before McWILLIAMS, BREITENSTEIN and BARRETT, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BARRETT, Circuit Judge.
These consolidated appeals arise from a financial collapse involving a residential construction project. At issue is the liability of a construction company officer, the company's bank, and two guarantors of the company's obligations. Jurisdiction is based entirely upon diversity.
The facts as stated below were included in the special master's findings, as adopted by the district court:
In May of 1971, appellant O'Haver, together...
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