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SANDPIPER NORTH APARTMENTS v. AM. NAT. BANK

Nos. 57265, 57323.

680 P.2d 983 (1984)

SANDPIPER NORTH APARTMENTS, LTD., a limited partnership, et al., Plaintiff, and Chet Leonhardt, Jr., (Plaintiff) Appellee in No. 57,265 and Appellant, in No. 57,323, v. AMERICAN NATIONAL BANK AND TRUST COMPANY OF SHAWNEE, Shawnee, Oklahoma, a national banking corporation, (Defendant) Appellant in No. 57,265, Appellee in No. 57,323, and Midwest Engineering, Inc., a corporation, et al., Defendants.

Supreme Court of Oklahoma.

As Corrected April 17, 1984.

Attorney(s) appearing for the Case

Gary F. Duckworth, Hastie & Kirschner, Oklahoma City, for American Nat. Bank and Trust Co. of Shawnee.

David Ingram, Ingram, Lewis & Basham, Shawnee, for Sandpiper North Apartments, Ltd. et al and Chet Leonhardt, Jr.

OPALA, Justice:

The questions to be decided on certiorari are: (1) May the construction trust fund doctrine of our statutory law, 42 O.S. 1981 §§ 152 and 153, be invoked to impose liability for misapplied trust funds upon persons not specifically charged therein with fiduciary responsibility? (2) If the first question be answered in the affirmative, was the trial court correct in imposing liability for misapplied...

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