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FLEMING COMPANIES, INC. v. TRU DISCOUNT FOODS

No. 90,073.

977 P.2d 367 (1999)

1999 OK CIV APP 18

FLEMING COMPANIES, INC., Appellant, v. TRU DISCOUNT FOODS, an Oklahoma limited partnership, d/b/a Super Center; John Phillip Mccarthy; and, Vivian H. Mccarthy, Appellees.

Court of Civil Appeals of Oklahoma, Division No. 4.

Certiorari Denied February 10, 1999.

Attorney(s) appearing for the Case

Drew D. Webb, Sheryl N. Barr, McAfee & Taft, Oklahoma City, Oklahoma For Appellant.

N. Kay Bridger-Riley, Vanessa Villines Bridger-Riley & Associates Tulsa, Oklahoma, Clark O. Brewster, Guy A. Fortney, Brewster Shallcross & De Angelis, Tulsa, Oklahoma For Appellees.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

OPINION

STUBBLEFIELD, P.J.

¶ 1 On April 8, 1994, Plaintiff Fleming Companies, Inc., a wholesale food distributor, filed this action against Defendant Tru Discount Foods d/b/a Super Center (Tru Discount) for recovery on a promissory note and account and to foreclose a mortgage and security agreement given...

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