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MORROW DEV. v. AMERICAN BANK AND TRUST

Nos. 77034, 77128.

875 P.2d 411 (1994)

MORROW DEVELOPMENT CORPORATION, an Oklahoma corporation, and David Gordon Management, Inc., an Oklahoma corporation, Plaintiffs-Appellees, v. AMERICAN BANK AND TRUST COMPANY, an Oklahoma banking corporation, Defendant-Appellant.

Supreme Court of Oklahoma.

Rehearing Denied June 28, 1994.

Attorney(s) appearing for the Case

Gregory G. Meier, Gary L. Richardson, Tulsa, for plaintiffs-appellees.

Rodney A. Edwards, Jack R. Givens, Tulsa, for defendant-appellant.

OPALA, Justice.

The dispositive issue on certiorari with respect to plaintiff Morrow Development Corporation [Morrow or Borrower] is whether it was error for the district court not to enter judgment notwithstanding the verdict for the defendant-Bank, American Bank and Trust Company [Bank or defendant], when Morrow had failed to succeed upon any theory advanced to avoid the binding effect of its agreement with Bank...

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