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INDIANA NAT. BANK v. D.H.S.

No. 74771.

880 P.2d 371 (1994)

The INDIANA NATIONAL BANK, a National Banking Association, Appellant, v. STATE of Oklahoma DEPARTMENT OF HUMAN SERVICES; Robert Fulton, Director, State of Oklahoma, Department of Human Services; Office of State Finance, State of Oklahoma; Victor Thompson, Director of State Finance, State of Oklahoma; Office of Public Affairs, State of Oklahoma; Delmas Ford, Director, Office of Public Affairs, State of Oklahoma and Oklahoma Development Authority, Defendants, and Prudential-Bache Securities, Inc., Appellee.

Supreme Court of Oklahoma.

As Corrected August 18, 1994.

Rehearing Denied September 22, 1994.

Attorney(s) appearing for the Case

C.S. Lewis, III, William C. Connor, Marilyn M. Wagner, Marc F. Conley, Robinson, Lewis. Orbison, Smith & Coyle, Tulsa, for appellant.

Roy J. Davis, Douglas C. McBee, Anne M. Moore, Paul E. Hamilton, Murrah & Davis, Heather L. Hintz, Phillips McFall McCaffrey McVay & Murrah, Oklahoma City, for appellee.

LAVENDER, Vice Chief Justice.

We decide whether the trial court correctly granted the motion to dismiss of appellee, Prudential-Bache Securities, Inc. (Prudential-Bache) for failure of appellant, Indiana National Bank (INB) to state a claim upon which relief could be granted made pursuant to 12 O.S. 1991, § 2012(B)(6). We hold the trial court erred because, at a minimum, INB stated claims under the theories of implied...

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