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FIRST NAT. BANK, ETC. v. IOWA BEEF PROCESSORS

Nos. 78-1301, 78-1302.

626 F.2d 764 (1980)

The FIRST NATIONAL BANK AND TRUST COMPANY OF OKLAHOMA CITY, Plaintiff-Appellant, v. IOWA BEEF PROCESSORS, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided July 14, 1980.

Attorney(s) appearing for the Case

George W. Dahnke of Hastie & Kirschner, Oklahoma City, Okl., for plaintiff-appellant.

James T. Malysiak of Freeman, Rothe, Freeman & Salzman, Chicago, Ill. (Edward W. Rothe of Freeman, Rothe, Freeman & Salzman, Chicago, Ill., and Harry H. Selph, II, of Baker, Baker, Wilson, Selph & Ford, Oklahoma City, Okl., with him on the brief), for defendant-appellee.

Before SETH, Chief Judge, LOGAN, Circuit Judge, and BOHANON, District Judge.

LOGAN, Circuit Judge.

First National Bank & Trust Company of Oklahoma City (the bank) brought suit against Iowa Beef Processors, Inc. (IBP), asserting claims under the Oklahoma version of the Uniform Commercial Code. The claims arise from two sales of cattle.1 The district court awarded summary judgment for IBP on the first sale claim, and awarded the bank summary judgment in the amount of $252,698 on the second sale claim. The court...

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