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FIRST NAT. BANK OF BEAVER, OKL. v. HOUGH

No. 78-1972.

643 F.2d 705 (1981)

The FIRST NATIONAL BANK OF BEAVER, OKLAHOMA, Plaintiff-Appellant, v. Mac J. HOUGH and Leona B. Hough, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 5, 1981.

Attorney(s) appearing for the Case

M. Ralph Baehr, Wichita, Kan. (John B. Rathmel, Wichita, Kan., with him on brief), Render & Kamas, Wichita, Kan., for plaintiff-appellant.

Donald W. Bostwick, Wichita, Kan. (Laurence A. Stanton, Wichita, Kan., on brief), Adams, Jones, Robinson & Malone, Wichita, Kan., for defendants-appellees.

Before DOYLE, McKAY and LOGAN, Circuit Judges.

McKAY, Circuit Judge.

Plaintiff, a bank, brought this diversity action to recover from defendants a debt due and owing on a promissory note allegedly executed for defendants by their agent. After a trial to the court, judgment was entered for defendants, and the bank appealed to this court.

In 1972, defendants began investing in the cattle operations of the McKinney Cattle Company. For the most part, defendants' dealings with the McKinney Cattle Company consisted...

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