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FIRST NAT. BANK IN DURANT v. HONEY CREEK ENTERTAINMENT CORP.

No. 93,078.

54 P.3d 100 (2002)

2002 OK 11

FIRST NATIONAL BANK IN DURANT, a national banking association, Plaintiff/Appellant, v. HONEY CREEK ENTERTAINMENT CORP., an Oklahoma corporation, Defendant, Lena Clancy, a/k/a Lena L. Clancy, and Acme Finance Company, Defendants/Appellees, Gerald D. Hagee; Sulphur Community Bank, an Oklahoma banking corporation; Specialty Equipment Leasing SVCS; Wesley (Doc) Webber; Board of County Commissioners of Murray County and Murray County Treasurer; County Commissioners of Bryan County and Bryan County Commissioners of Bryan County, Defendants, Farm Credit Bank of Wichita, Additional Party Defendant.

Supreme Court of Oklahoma.

Rehearing Denied September 17, 2002.

Attorney(s) appearing for the Case

John N. Hermes, Phillip D. Hart, Kymala B. Carrier; McAfee & Taft, Oklahoma City, OK, and Mark A. Morrison, Durant, OK, for Appellant First National Bank in Durant.

Dan Little and Prudence Little; Little, Little, Little, Windel & Coppedge, Madill, OK, for Appellees Lena Clancy and Acme Financial Company.

BOUDREAU, Justice:

¶ 1 This case arises from the First National Bank in Durant's (Bank) $2.25 million loan to Honey Creek Entertainment Corporation (Honey Creek) to buy the Arbuckle Wilderness Park (Park) located just east of I-35 in Murray County, Oklahoma. Lena Clancy, Jim Rainer and Ron Armitage owned Honey Creek. Each owned one-third of the issued stock.

¶ 2 Alan Dufur was the President and C.E.O. of...

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