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BANCOKLAHOMA MORTG. v. CAPITAL TITLE CO.

No. 97-5186.

194 F.3d 1089 (1999)

BANCOKLAHOMA MORTGAGE CORP. Plaintiff-Appellant, v. CAPITAL TITLE COMPANY, INC.; Investors Title Company; Old Republic Title Company of St. Louis; U.S. Title Guaranty Company, Inc.; Peter M. Shaw; and U.S. Title Guaranty Company of St. Charles, Inc., Defendants-Appellees, Joseph A. Iadevito; Theresa M. Janson; Lenders Mortgage Services, Inc.; Professional Builders Closing Service, Inc., Defendants.

United States Court of Appeals, Tenth Circuit.

October 18, 1999.

Attorney(s) appearing for the Case

R. Thomas Seymour, of R. Thomas Seymour Attorneys, Tulsa, Oklahoma (C. Robert Burton IV, F. Randolph Lynn, of R. Thomas Seymour Attorneys, Tulsa, Oklahoma; Frederic Dorwart, J. Michael Medina, of Law Offices of Frederic Dorwart, Tulsa, Oklahoma, with him on the brief) for Plaintiff-Appellant.

John Henry Rule, of Gable, Gotwals, Mock, Schwabe, Kihle, Gaberino, Tulsa, Oklahoma (L.K. Smith, Paul J. Cleary, Scott R. Rowland, of Boone, Smith, Davis, Hurst & Dickman, Tulsa, Oklahoma; Robert J. Bartz, Joe M. Fears, of Barber & Bartz, Tulsa, Oklahoma; Jeffrey J. Kalinowski, Hal Goldsmith, of Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, Missouri, with him on the brief) for Defendants-Appellees.

Before BRORBY and MURPHY, Circuit Judges, and MARTEN, District Judge.

Background

MARTEN, District Judge.

Bancoklahoma Mortgage Corp. ("BOMC") is an Oklahoma corporation that purchases residential mortgage loans and resells them on the secondary market while retaining certain loan servicing rights. Lenders Mortgage Services, Inc. ("LMS") was a Missouri corporation that originated residential mortgage loans, primarily in the St. Louis, Missouri area, for sale to mortgage loan companies and other upstream investors, including...

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