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MID-CONTINENT CAS. CO. v. FIRST NATIONAL BANK & TRUST CO.

No. 42325.

531 P.2d 1370 (1975)

MID-CONTINENT CASUALTY COMPANY, a corporation, Appellee, v. FIRST NATIONAL BANK & TRUST COMPANY OF CHICKASHA, Oklahoma, a National Banking Corporation, Appellant.

Supreme Court of Oklahoma.

February 11, 1975.

Attorney(s) appearing for the Case

C.J. Watts, Watts, Looney, Nichols & Johnson, Oklahoma City, for appellee.

Loyd Benefield, Wayne B. Snow, Savage, Gibson, Benefield & Shelton, Oklahoma City, Robert B. Parks, Chickasha, for appellant.

IRWIN, Justice:

A contractor and a property owner entered into a contract to construct certain improvements. The contractor became financially unable to pay the claims of materialmen. A dispute arose between First National Bank & Trust Company of Chickasha (appellant), which loaned money to the contractor and took an assignment of part of the contract earnings, and the contractor's surety, Mid-Continent Casualty Company...

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