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SANDPIPER NORTH APARTMENTS v. AMERICAN NAT. BANK

No. 50652.

600 P.2d 332 (1979)

SANDPIPER NORTH APARTMENTS, LTD., a limited partnership, Sandpiper South Apartments, Ltd., a limited partnership, Chet Leonhardt, Jr., Karrol Spence, and Sidney Davidoff, Appellants, v. AMERICAN NATIONAL BANK AND TRUST COMPANY OF SHAWNEE, Shawnee, Oklahoma, a national banking corporation, Midwest Engineering, Inc., a corporation, Dale B. Morrow, Robert E. Morrow, Sue Morrow, T.R.G. Trust, a trust organization, T.R. Garretson, Trustee for Defendant Midwest Engineering, Inc., and T.R.G. Trust, Appellees.

Supreme Court of Oklahoma.

September 11, 1979.

Attorney(s) appearing for the Case

Raymond E. Tompkins, Hanson, Peterson & Tompkins, Inc., Oklahoma City, Kenneth Abernathy, Abernathy & Ingram, Shawnee, for appellants.

Richard N. Steed, Steed & Bushong, Shawnee, for appellee, American National Bank and Trust Company of Shawnee.

Eagleton, Nicholson & Pate, Oklahoma City, for appellee, T.R. Garretson, Trustee for Midwest Engineering, Inc.

Speck, Philbin, Fleig, Trudgeon & Lutz, Oklahoma City, for appellees, Robert E. Morrow and Sue Morrow.

Houston & Klein, Inc., Tulsa, for appellee, Dale B. Morrow.

LAVENDER, Chief Justice:

Midwest Engineering, Inc., a corporation, and one of the appellees (Midwest), entered into three separate sub-contracts on two apartment complex construction contracts for a total of six sub-contracts with the general contractor, Chet Leonhardt, Jr. (contractor), an appellant. One owner was Sandpiper North Apartments, Limited, a limited partnership, and the other owner was Sandpiper South Apartments, Limited, a limited partnership. The owners...

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