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FRANKLIN v. OKLAHOMA CITY ABSTRACT & TITLE CO.

No. 76-2068.

584 F.2d 964 (1978)

Carl M. FRANKLIN, William S. Hughes, Joseph R. Jones and Kenneth L. Traffetz, Trustees of Lincoln Mortgage Investors, a California Real Estate Investment Trust, Plaintiffs-Appellants, v. OKLAHOMA CITY ABSTRACT AND TITLE COMPANY, a corporation, Judd, Grayson, Cunningham & Assoc., Inc., a corporation, Successor in Interest to R. W. Thomas Surveying Company, a Corporation, Standard Title Insurance Company, a corporation, Leslie Judd, Jr., an Individual, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 11, 1978.

Attorney(s) appearing for the Case

Coleman Hayes, Oklahoma City, Okl., for plaintiffs-appellants.

Glen D. Huff, Oklahoma City, Okl. (with James D. Foliart, Oklahoma City, Okl., on brief) of Foliart, Mills & Niemeyer, Oklahoma City, Okl., for defendant-appellee Oklahoma City Abstract and Title Co.

Hugh A. Baysinger, Oklahoma City, Okl. (with John R. Couch and Gary W. Gardenhire, Oklahoma City, Okl., on brief) of Pierce, Couch, Hendrickson & Short, Oklahoma City, Okl., for defendants-appellees Judd, Grayson, Cunningham & Assoc., Inc. and Leslie Judd, Jr.

Barry D. Mock, Oklahoma City, Okl. (with Henry F. Featherly, Oklahoma City, Okl., on brief) of Lamun, Mock, Featherly, Baer & Timberlake, Oklahoma City, Okl., for appellee Standard Title Ins. Co.

Before HOLLOWAY, BARRETT and McKAY, Circuit Judges.

McKAY, Circuit Judge.

Plaintiffs are trustees of Lincoln Mortgage Investors (LMI), a California Real Estate Investment Trust. They brought this diversity suit against defendants Oklahoma City Abstract and Title Company (OCA), Judd, Grayson, Cunningham & Associates, a corporation, and Leslie Judd, Jr. (Surveyors), and Standard Title Insurance Company (Standard). Defendants separately moved to dismiss for failure to state a claim upon which relief can be granted...

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