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FIRST SEC. BANK OF BEAVER, OKL. v. TAYLOR

Nos. 91-6154, 91-6159.

964 F.2d 1053 (1992)

FIRST SECURITY BANK OF BEAVER, OKLAHOMA, Plaintiff-Appellant/Cross-Appellee, v. Bobby C. TAYLOR, and Vonquitta Taylor, Defendants-Appellees/Cross-Appellants, Berton Starcher, agent for Eugene Starcher, Alice Rudy Duke, Berton Starcher, Suzanne Starcher and Sandra Starcher Rice; Berton Starcher, individually, if he be living or if deceased his heirs, unknown heirs, executors, administrators, devisees, trustees, assigns and unknown successors in interest of Berton Starcher; Eugene Starcher, individually; Alice Rudy Duke, individually; Suzanne Starcher, individually; Sandra Starcher Rice, individually; and United States of America, ex rel. Farmers Home Administration, Defendants.

United States Court of Appeals, Tenth Circuit.

May 21, 1992.

Attorney(s) appearing for the Case

Robert C. Smith, Jr. (John T. Edwards, with him on the briefs) of Monnet, Hayes, Bullis, Thompson & Edwards, Oklahoma City, Okl., for plaintiff-appellant/cross-appellee.

Wm. Brad Heckenkemper (Allen E. Barrow, Jr. of Barrow Gaddis Griffith & Grimm, and Paul D. Brunton, Tulsa, Okl., with him on the briefs) of Barrow Gaddis Griffith & Grimm, for defendants-appellees/cross-appellants.

Before ANDERSON, ALDISERT, and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

The First Security Bank (Bank) sued its Borrowers, Bobby C. and Vonquitta Taylor, to foreclose its security on a loan admittedly in default. Borrowers counterclaimed alleging a breach of the lending agreement and negligent servicing of the loan. The jury returned a verdict in favor of Borrowers. Both parties appeal. Bank contends the court should have directed a verdict in its favor. Borrowers contend the trial court erred by not submitting...

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