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HYDRO CONDUIT v. AMERICAN-FIRST TITLE & TRUST CO.

No. 84-2680.

808 F.2d 712 (1986)

HYDRO CONDUIT CORPORATION, Plaintiff-Appellant, v. AMERICAN-FIRST TITLE & TRUST COMPANY, Hudiburg Investments, Inc., Wood & Sons Paving, Inc., Males Brothers Paving, Inc., and the Ohio Casualty Insurance Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Opinion on Rehearing January 16, 1987.

Attorney(s) appearing for the Case

Terry Guy Shipley, Noble, Okla., for plaintiff-appellant.

Warren L. Griffin, Midwest City, Okla., for defendant-appellee Hudiburg Investments, Inc.

Paul Walters (Cary S. Smith with him on the brief) of Spradling, Alpern, Friot & Gum, Oklahoma City, Okla., for defendant-appellee American-First Title & Trust Co.

Robert Earl Savage (Jack T. Agosta on the brief), Oklahoma City, Okla., for defendants-appellees Wood & Sons Paving, Inc., Males Bros. Paving, Inc., and The Ohio Cas. Ins. Co.

Before McKAY and MOORE, Circuit Judges, and SAM, District Judge.

McKAY, Circuit Judge.

The undisputed facts establish that defendant Hudiburg Investments, Inc. (Developer) submitted a final plat for a new subdivision to the City of Oklahoma City for approval. The plat contained specifications for improvements, including the installation of sanitary and storm sewers. Pursuant to state law and local regulations, Developer was allowed to post a bond instead of actually completing the improvements provided for in the plat. Accordingly...

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