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SARGENT v. CENTRAL NAT. BANK & TRUST CO.

No. 70796.

809 P.2d 1298 (1991)

Major R. SARGENT, Appellant/Counter-Appellee, v. CENTRAL NATIONAL BANK & TRUST COMPANY OF ENID, OKLAHOMA, a national banking association, Appellee/Counter-Appellant.

Supreme Court of Oklahoma.

Rehearing Denied May 14, 1991.

Attorney(s) appearing for the Case

Mort G. Welch, Abowitz & Welch, Oklahoma City, for appellant/counter-appellee.

Craig L. Box, Gungoll, Jackson & Collins, P.C., Enid, for appellee/counter-appellant.

OPALA, Chief Justice.

This certiorari proceeding tenders an issue of first impression — whether, and to what extent, § 24(Fifth) of the National Bank Act (12 U.S.C. § 21 et seq.)1 preempts the Oklahoma law upon which the plaintiff's claim is based. We answer that pre-emption does not shield the defendant-bank from tort liability...

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