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BROWN v. FOUNDERS BANK AND TRUST CO.

No. 80346.

890 P.2d 855 (1994)

Jerry D. BROWN, Appellant, v. FOUNDERS BANK AND TRUST COMPANY, A Corporation, Appellee.

Supreme Court of Oklahoma.

As Corrected December 15, 1994.

Rehearing Denied March 14, 1995.

Attorney(s) appearing for the Case

W. Dan Nelson, Mary Gaye LaBoeuf, Oklahoma City, for appellant.

Joe E. Edwards, Jane S. Eulberg, Oklahoma City, for appellee.

KAUGER, Judge:

Three issues are presented: 1) whether, on appeal, a party must contest the procedural aspects of a motion to dismiss with prejudice for failure to state a claim upon which relief may be granted to preserve substantive issues for review; 2) whether the requirement of 15 O.S. 1991 § 1401 that credit agreements in excess of $15,000.00 be in writing will bar a cause of action...

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