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F & M BANK & TRUST CO. v. GARDNER CONST.

No. 108,443. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

277 P.3d 496 (2012)

2012 OK CIV APP 38

The F & M BANK & TRUST CO., an Oklahoma Banking Corporation, Plaintiff/Appellee, v. GARDNER CONSTRUCTION COMPANY, Defendant/Appellant, Karen J. Biddle; Spouse If any, of Karen J. Biddle; Heirs, Personal Representatives, Devisees, Successors, Assigns, and the Unknown Successors of Rodney B. Biddle, Deceased; Occupants of Premises; and State of Oklahoma Ex Rel Oklahoma State Tax Commission, Defendants.

Court of Civil Appeals of Oklahoma, Division No. 1.

Certiorari Denied April 13, 2012.

Attorney(s) appearing for the Case

Roger K. Eldredge , Tulsa, Oklahoma, for Appellant.

Kent E. Renfrow , Tulsa, Oklahoma, for Appellee.

Opinion by LARRY JOPLIN, Vice-Chief Judge.

¶ 1 In a foreclosure action, mechanic's and materialman's lien (lien) claimant, Gardner Construction Company (Gardner), Defendant/Appellant, seeks review of the trial court's order granting the summary judgment motion of Plaintiff/Appellee, F & M Bank and Trust Company (F & M), which determined the mortgage held by F & M was superior to the lien held by Gardner, relating to real property and improvements...

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