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BUELL CABINET CO., INC. v. SUDDUTH

No. 78-1788.

608 F.2d 431 (1979)

BUELL CABINET COMPANY, INC., Plaintiff-Appellant, v. Richard S. SUDDUTH and Steven H. Janco, Individually, and as general partners in World Products, a general partnership; Steven H. Janco and Richard S. Sudduth, d/b/a World Properties, a joint venture; and Old World Products Corporation, a corporation; McKee Income Realty Trust, a business trust organized under the laws of the Commonwealth of Massachusetts; and Sooner Federal Savings and Loan Association of Tulsa, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 29, 1979.

Attorney(s) appearing for the Case

Benjamin C. Faulkner of Eagleton, Eagleton & Owens, Inc., Tulsa, Okl., for plaintiff-appellant Buell Cabinet Company, Inc.

Steven M. Harris, Tulsa, Okl., for defendants-appellees Richard S. Sudduth, Steven H. Janco, World Products, World Properties and Old World Products Corporation.

Joe Francis, Tulsa, Okl., for defendant-appellee McKee Income Realty Trust.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

McKAY, Circuit Judge.

In this diversity action, plaintiff Buell Cabinet Co. (Buell) appeals from a grant of summary judgment to defendants and from a denial of its own motion for summary judgment. Because we find that genuine issues of material fact remain to be resolved, we reverse the grant of summary judgment to defendants, affirm the denial of Buell's motion, and remand for trial.

I.

Buell seeks to impose a judgment lien against certain Oklahoma...

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