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CINCO ENTERPRISES, INC. v. BENSO

No. 89,435.

995 P.2d 1080 (1999)

1999 OK 80

CINCO ENTERPRISES, INC., Plaintiff/Appellant, v. Pasquale BENSO, Defendant/Appellee, v. American Financial Network, Inc., Additional Defendant/Appellant.

Supreme Court of Oklahoma.

Rehearing Denied December 13, 1999.

Attorney(s) appearing for the Case

D. Benham Kirk, Jr., Michael C. Turpen, R. Scott Thompson, Oklahoma City, Oklahoma, for Appellee/Petitioner.

Michael C. Bigheart, Enid, Oklahoma, for Appellants.

¶ 1 KAUGER, J.:

¶ 2 The issues1 presented are: 1) whether the cause is governed by the law of the case in Cinco Enterprises, Inc. v. Benso, 1994 OK 135, 890 P.2d 866 [Cinco I] holding that federal law did not bar the defense of failure of consideration to the guaranty contract; and 2) whether sufficient evidence of consideration was presented...

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