FDIC v. JERNIGAN

No. 78859.

901 P.2d 793 (1995)

FDIC, in its capacity as Receiver for First Republic Bank of Dallas, the Successor to Interfirst Bank of Dallas, Plaintiff, CSM, Inc., Plaintiff-Appellant, v. Steve JERNIGAN, Defendant-Appellee, Fossil Drilling Corp., Jernigan Blade Services, Inc., Signal Drilling Co., James Brad Jernigan, Logan Pipe and Supply, Inc., Jernigan Brothers, Inc., and Vance Engineering, Intervenors-Appellees.

Supreme Court of Oklahoma.

As Corrected May 24, 1995.


Attorney(s) appearing for the Case

Margaret McMorrow-Love, Robert D. Baron, Michael R. Ford, Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, for appellant.

Thomas C. Williams, Robertson & Williams, Oklahoma City, for appellees.


OPALA, Justice.

The issues tendered for our decision are: [1] Is the trial court's order, which substituted the Federal Deposit Insurance Corporation [FDIC] as the sole plaintiff in the replevin action, vulnerable to vacation on the ground of fraud? and if not [2] Is the substitution order vulnerable to vacation on the ground of irregularity in obtaining that disposition? We answer both questions in the negative.<...

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