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FIRST NAT. BANK AND TRUST CO. v. NESBITT

No. 51080.

598 P.2d 1197 (1979)

The FIRST NATIONAL BANK AND TRUST COMPANY OF OKLAHOMA CITY, a national banking institution, as Trustee, Appellee, v. Charles NESBITT, Trustee of the Estate of Eufaula Enterprises, Inc., and McIntosh County Industrial Development Authority, a public trust, Appellants.

Supreme Court of Oklahoma.

Rehearing Denied September 10, 1979.

Attorney(s) appearing for the Case

Robert N. Naifeh, Norman, for appellant Charles Nesbitt.

John N. Hermes, McAfee, Taft, Mark, Bond, Rucks & Woodruff, a professional corporation, Oklahoma City, for appellee.

HARGRAVE, Justice:

Charles Nesbitt, trustee, brings this appeal from a summary judgment in an action for a declaratory judgment brought by the First National Bank and Trust Company of Oklahoma City. Defendant Nesbitt here alleges the District Court of Oklahoma County erred in holding certain funds paid Plaintiff Bank did not constitute assets of the estate of the bankrupt Defendant, Eufaula Enterprises, for which Nesbitt...

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