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FIRST NAT. BANK OF TURLEY v. FIDELITY & DEP. INS.

Nos. 98-5064, 98-5082.

196 F.3d 1186 (1999)

FIRST NATIONAL BANK OF TURLEY, Plaintiff-Appellant and Cross-Appellee, v. FIDELITY & DEPOSIT INSURANCE COMPANY OF MARYLAND, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

November 19, 1999.

Attorney(s) appearing for the Case

Jerry Reed (Joseph R. Farris and Jody R. Nathan with him on the brief), Tulsa, Oklahoma, for Plaintiff-Appellant.

Robert L. Magrini (John B. Hayes and Evan B. Gatewood with him on the brief), of Hayes & Magrini, Oklahoma City, Oklahoma, for Defendant-Appellee.

Before BALDOCK, PORFILIO, and EBEL, Circuit Judges.

BALDOCK, Circuit Judge.

Plaintiff First National Bank of Turley appeals (1) the district court's denial of its application for attorney's fees under Oklahoma law from Defendant Fidelity & Deposit Insurance Company of Maryland, and (2) the district court's grant of Fidelity & Deposit's motion to modify the judgment finding that First National is not entitled to post-offer costs under Fed. R.Civ.P. 68. Exercising jurisdiction under 28 U.S.C. § 1291, we...

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