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BANK OF AMERICA, N.A. v. JOHNSON

No. CIV-01-1061-R.

186 F.Supp.2d 1182 (2001)

BANK OF AMERICA, N.A., a national banking association, Plaintiff, v. Harry C. JOHNSON, an individual; Mary D. Johnson, an individual; Harry C. Johnson, as Co-Trustee for the Harry C. Johnson Revocable Trust; Mary D. Johnson, as Co-Trustee for the Harry C. Johnson Revocable Trust; Harry C. Johnson, as Trustee for the Amended and Restated Trust Agreement of the Harry C. Johnson Trust; Mary D. Johnson, as Trustee for the Amended and Restated Trust Agreement of the Harry C. Johnson Trust; Oklahoma Tax Commission; Phoenix Leasing Incorporated, a California corporation; the Unknown Heirs or Successors of M. Ruth Reed; L.S. Reed, Jr., or his unknown heirs or successors; and Gwen Elaine, or her unknown heirs or successors, Defendants.

United States District Court, W.D. Oklahoma.

October 3, 2001.

Attorney(s) appearing for the Case

Thomas P. Powell, IV, Joel W. Harmon, Joe E. Edwards, Day, Edwards, Federman, Propester & Christensen, Oklahoma City, OK, for Plaintiff.

C. Craig Cole, C. Craig Cole & Associates, Oklahoma City., OK, for Defendant.

ORDER

DAVID L. RUSSELL, Chief Judge.

Before the Court is the motion of Defendants Harry C. Johnson and Mary D. Johnson, individually and as Trustees of various trusts, as above-styled, to dismiss Plaintiff's Complaint for lack of subject matter jurisdiction. In support of their motion, Defendants argue that the Court is without diversity jurisdiction because Defendants are citizens of Oklahoma and Plaintiff, a national bank, is also a citizen of Oklahoma...

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