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HIDALGO PROP., INC. v. WACHOVIA MORTG. CO.

No. 78-1240.

617 F.2d 196 (1980)

HIDALGO PROPERTIES, INC., a Corporation, Plaintiff-Appellee, v. WACHOVIA MORTGAGE COMPANY, a Corporation, Wachovia Realty Investments, a South Carolina Business Trust, and Edward Warner, Hans W. Sanders, Bland W. Worley, Calder W. Womble, Everett C. Spelman, Sr., Robert E. Smith, Charles G. Reavis, Jr., Robert H. Pease, Buck Mickel and Howard Holderness, not individually, but as the Trustees of Wachovia Realty Investments, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided February 25, 1980.

Attorney(s) appearing for the Case

Peter B. Bradford, Oklahoma City, Okl. (John E. Sargent, Jr., Oklahoma City, Okl., with him on the brief), of McAfee, Taft, Mark, Bond, Rucks & Woodruff, Oklahoma City, Okl., for defendants-appellants.

Carl Hughes of Hughes, Nelson & Blessington, Oklahoma City, Okl. (Gene Stipe of Stipe, Gossett, Stipe & Harper, Oklahoma City, Okl., of counsel), for plaintiff-appellee.

Before SETH, Chief Judge, McWILLIAMS and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

This appeal by defendants Wachovia Mortgage Company and Wachovia Realty Investments (Wachovia) is from a judgment entered in favor of plaintiff Hidalgo Properties, Inc. (Hidalgo), in the amount of $51,112.50. Jurisdiction is predicated upon complete diversity of citizenship in accordance with 28 U.S.C. § 1332. Hidalgo sued to recover payments made to Wachovia under a standby loan commitment, as well as related fees paid to Glen Justice...

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