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ROBEY-HARCOURT v. BENCORP FINANCIAL CO., INC.

No. 02-6259.

326 F.3d 1140 (2003)

Carla L. ROBEY-HARCOURT, Individually, Plaintiff-Appellant, v. BENCORP FINANCIAL COMPANY, INC., an Oklahoma Corporation, Caszey Bennet, P.K. Smith, and Karlos Lesure, Individually, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 15, 2003.

Attorney(s) appearing for the Case

Carla L. Robey-Harcourt, Oklahoma City, Oklahoma, for Plaintiff-Appellant.

Melvin C. Hall and Gisele K. Perryman, Oklahoma City, Oklahoma, for Defendants-Appellees.

Before EBEL, LUCERO and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

Ms. Carla L. Robey-Harcourt entered a mortgage brokerage business contract with BenCorp Financial Company Inc. ("BenCorp"). In the contract, BenCorp agreed to "exert its best efforts to obtain a bona fide mortgage loan commitment" and "assembl[e] information, compil[e] file, and complet[e] credit application for borrower(s)." The contract specifically stated BenCorp could not make loans or guarantee the acceptance of a loan. After failing to...

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