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PALERMO v. FIRST NAT. BANK AND TRUST CO.

No. 88-1904.

894 F.2d 363 (1990)

Myron J. PALERMO and Three Sisters Investments, Ltd., a corporation, Plaintiffs-Appellants, v. FIRST NATIONAL BANK AND TRUST COMPANY OF OKLAHOMA CITY and Federal Deposit Insurance Corp., in its corporate capacity and as receiver of the First National Bank & Trust Co. of Oklahoma City, N.A., Defendants-Appellees, and Clinton A. Burr, Defendant.

United States Court of Appeals, Tenth Circuit.

January 18, 1990.

Attorney(s) appearing for the Case

Stephen R. Stephens (Terry W. Tippens with him on the brief), of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, for plaintiffs-appellants.

Ross A. Plourde (V. Burns Hargis with him on the brief), of Reynolds, Ridings & Hargis, Oklahoma City, for defendants-appellees.

Before TACHA, GARTH and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

This case requires us to decide whether a bank's insistence that a customer guarantee certain indebtedness of a related entity before the bank will renew the customer's loan, violates the prohibition against bank tying and reciprocity arrangements contained in 12 U.S.C. § 1972. We hold that such an arrangement does not violate § 1972 under the facts of this case because plaintiffs-appellants have failed to establish an anticompetitive...

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