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ADVANTOR CAPITAL CORP. v. YEARY

Nos. 96-6400, 96-6408 and 97-6106.

136 F.3d 1259 (1998)

ADVANTOR CAPITAL CORPORATION, a Delaware corporation, formerly known as Sonitrol Financial Corporation, Plaintiff-Appellee and Cross-Appellant, v. James Harrison YEARY; Sonitrol of Oklahoma City Inc., an Oklahoma corporation, Defendants-Appellants and Cross-Appellees, and Linda Jensen Yeary, Defendant-Appellee. ADVANTOR CAPITAL CORPORATION, a Delaware corporation, formerly known as Sonitrol Financial Corporation, Plaintiff-Appellee, v. James Harrison YEARY; Sonitrol of Oklahoma City Inc., an Oklahoma corporation, Defendants-Appellants, and Linda Jensen Yeary, Defendant.

United States Court of Appeals, Tenth Circuit.

February 18, 1998.

Attorney(s) appearing for the Case

Kenneth I. Jones, Jr., Jones & Blaney, Oklahoma City, OK, for appellants.

Terry McCollough, Terry McCollough P.A., Orlando, FL (John B. Heatly, Fellers, Snider, Blankenship, Barley & Tippens, Oklahoma City, OK, with him on the brief), for appellees.

Before SEYMOUR, Chief Judge, EBEL, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Defendants James Yeary and Sonitrol of Oklahoma City, Inc., appeal the district court's denial of their motion for judgment as a matter of law on plaintiff Advantor Capital Corporation's fraud and abuse of process claims, and the court's entry of judgment on those claims. Advantor cross-appeals the court's denial of its motion for judgment as a matter of law on defendants' counterclaim.1 We affirm.

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