| Oklahoma Bankruptcy Law |
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Lee Weldon James v. Tyson Foods, Inc.
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¶1 At the behest of Tyson and with the agreement of the poultry growers, we retained this cause to address two questions. The first is whether Tyson is entitled to a new trial under facts where questioning was limited to matters not covered by the jury questionnaire and the answers given in that document were incomplete, untruthful, and/or misleading. The second is a first impression issue: wheth... More... $0 (03-06-2012 - OK)
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C. Marcus McCafferty v. Joe Sunderwirth
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C. Marcus McCafferty and Larry Cheatham, Jr. sued Joe Sunderwirth on a breach of contract theory.
Plaintiff alleged that in August 2002, they entered into a contract with Defendant to preserve Defendant's gun collection from sale through Bankruptcy Court.
Defendant alleged to be an obsessive collector. People with the illness cannot stand to part with their collections. His guns we... More... $1 (02-16-2012 - OK)
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Securities and Exchange Commission v. Tom Kivisto
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According to the SEC’s complaint filed in federal court in Tulsa, Thomas L. Kivisto was CEO and president of SemGroup L.P., which bought, transported and sold petroleum products and traded crude oil and related commodities and derivatives. Kivisto managed these trading activities. Meanwhile, Kivisto also was a director of SemGroup’s subsidiary, SemGroup Energy Partners L.P. (SGLP), which owns ... More... $0 (10-18-2011 - OK)
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State of Oklahoma, ex rel. Oklahoma Bar Association v. George L. Mothershed
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¶1 Respondent filed in this Court a petition to vacate the opinion of this Court which disbarred him from practicing law in Oklahoma. We conclude that the arguments offered by Respondent for vacating the disbarment are without merit and we deny the petition to vacate.
I. Introduction
¶2 George L. Mothershed, Respondent, was disbarred by this Court in 2003.1 In July 2005, Respondent... More... $0 (10-11-2011 - OK)
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Personalized Answering Service v. Howard Israel and Jay Israel
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Personalized Answering Service sued Howard Israel and Jay Israel on breach of contract theories claiming Defendants doing business as Israel & Israel for financial services on May 5, 1988 and that Defendants owed a fiduciary duty to it. Defendants advised Plaintiff to file a Chapter 11 bankruptcy reorganization. The rate per hour was to be $100 deducted from a retainer of $5,720.00.
Plai... More... $1 (10-07-2011 - OK)
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Miles L. Metzner v. Harold L. Poage
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¶1 Plaintiff/Appellant Miles L. Mitzner (Plaintiff) seeks review of the trial court's order granting attorney's fees to Defendants/Appellees Harold L. Poage, Miracle Production, Inc., and YDF, Inc. (collectively, Defendants). In this appeal, Plaintiff challenges the trial court's award as affected by error of law.
¶2 Plaintiff and another served as court-appointed co-receivers in the cont... More... $0 (12-11-2009 - OK)
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Atkinson, Haskins, Nellis, Holeman, Phipps, Brittingham & Gladd, v. Vector Securities
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¶1 Defendants, Vector Securities, Inc. (VecSec), Vector Properties, Inc. (VecProp), and James W. Dill (Dill), appeal the trial court's grant of summary judgment in favor of Plaintiff, Atkinson, Haskins, Nellis, Holeman, Phipps, Brittingham & Gladd, based on Plaintiff's assertion of offensive nonmutual collateral estoppel to establish that Defendants are alter egos of one another. We initially dis... More... $0 (04-22-2011 - OK)
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Jim's Maintenance & Sons, Inc. v. Target Corporation
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Jim’s Maintenance & Sons Inc. and Jim’s Commercial Cleaning Ltd. appeal from identical orders by the bankruptcy court granting Target Corporation’s motions to lift the automatic stay provided in 11 U.S.C. § 362 in order for Target to pursue claims against the debtors in litigation pending in federal district court.
Appeal numbers 10-6052 and 10-6053 were consolidated for the purpos... More... $0 (04-01-2011 - OK)
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Gayle L. Nichols v. Orville B. Nichols II
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¶1 The dispositive issue on certiorari is whether the Court of Civil Appeals erred in reversing the trial court's order. We answer in the affirmative.
I
THE ANATOMY OF LITIGATION
¶2 Riggs, Abney, Neal, Turpen, Orbison and Lewis (Law Firm) represented Gayle Nichols (wife or client) in her divorce case. After the divorce was granted, Law Firm filed on behalf of its clien... More... $0 (06-23-2009 - OK)
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Girl Scouts-Western Oklahoma Inc. v. Barringer-Thomson
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¶1 The defendant/appellant Marilyn Barringer-Thomson (Attorney) is an attorney who represented Girl Scouts-Sooner Council, Inc. (Sooner) on employee severance and other matters related to employees of Sooner.1 Subsequently, Sooner merged with Girl Scouts-Red Lands Council, Inc. (Red Lands) and the surviving corporation is the plaintiff/appellee, Girl Scouts-Western Oklahoma, Inc. (Western). Weste... More... $0 (03-29-2011 - OK)
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C.I.T. Financial Services v. Premier Corporation
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¶1 The occupant of a double wide mobile home went bankrupt. This lawsuit is between two creditors, each claiming a lien against the mobile home. If we determine the mobile home to be personal property then the original purchase money lender will prevail unless its lien has lapsed. If we determine it to be a part of the real estate then the later mortgagee (who had no notice of the earlier transac... More... $0 (10-27-1987 - OK)
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Patrick Malloy, III v. George B. Caldwell, M.D.
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¶1 The trial court plaintiff, Patrick Malloy, III, (Malloy) as bankruptcy trustee for Constance Quarles (Quarles), spouse of James Q. Quarles, deceased, appeals a judgment entered on the jury verdict in favor of the defendants, George B. Caldwell, M.D. (Caldwell) and Emergency Care, Inc.(Emergency Care).1
BACKGROUND
¶2 This case involves a claim of medical malpractice against Caldw... More... $0 (03-07-2011 - OK)
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Chaparral Energy, L.L.C. v. Pioneer Exploration, Ltd.
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¶1 This appeal arises from the action of Plaintiff/Appellee/Counter-Appellant, Chaparral Energy, L.L.C. (Chaparral), against Defendant/Appellant/Counter-Appellee, Pioneer Exploration, Ltd. (Pioneer), to recover for a gas imbalance. Both parties seek review of the trial court's order granting summary judgment in favor of Chaparral for conversion and setting damages based on the imbalance's value a... More... $0 (11-04-2010 - OK)
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Willco Enterprises, LLC v. Conchita L. Woodruff and Victore Insurance Company
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¶1 In a dispute arising out of a residential construction contract, Plaintiff/Counter-Defendant/Appellant Willco Enterprises, L.L.C. (Willco) and Third-Party Defendant/ Appellant Donny Williamson (Williamson), appeal the trial court's order denying their motion to compel arbitration. Willco and Williamson (Appellants) argue the Uniform Arbitration Act, 12 O.S. Supp. 2006 §§1851-1881 (the New Ac... More... $0 (02-19-2010 - OK)
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Keota Mills & Elevator v. Othel Gamble, Jr.
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¶1 This cause concerns an attempt to recover on a defaulted promissory note. The dispositive question presented is whether partial payment on the note extended the time within which to bring an action. The parties stipulated that the issue was whether the suit was time-barred by the five year limitation period of 12 O.S. 1981 §95,1 which was in effect in 1989 when the note was executed, or the s... More... $0 (02-16-2010 - OK)
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Oklahoma Department of Securities v. R. Kurt Blair, et al.
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¶1 The first-impression principal issue in these appellate proceedings is whether an action may be maintained under the Oklahoma Uniform Securities Act against innocent victims of a Ponzi scheme to force them to pay to the Department of Securities those amounts they received from the Ponzi scheme which are in excess of their investments in that scheme. We hold that the Department may proceed agai... More... $0 (02-23-2010 - OK)
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Dr. Michael Peterson, D.C. v. Ken Ray Underwood
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¶1 In this malicious prosecution action, Plaintiff, Dr. Michael Peterson, appeals a dismissal granted to Defendant, Charles Snider, and a summary judgment granted to Snider's attorney, Defendant Ken Ray Underwood and the law firm of Ken Ray Underwood, P.C.(collectively, Underwood). We affirm.1
FACTS
¶2 This litigation began when Snider, a truck driver, suffered a job-related injury... More... $0 (10-16-2009 - OK)
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Carts & Parts, Inc. v. Antonio L. Rosales
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¶1 Defendant/Appellant, Antonio L. Rosales, seeks review of the trial court's order in favor of Plaintiff/Appellee, Carts & Parts, Inc. (Carts & Parts), enjoining and prohibiting Appellant from using, selling and disposing of his real and personal property, of whatever kind and nature, including death proceeds from several life insurance policies insuring Appellant's wife, Kyrle W. Rosales. We re... More... $0 (10-01-2009 - OK)
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Patrick A. Turner v. A. Passmore & Sons, Inc.
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Defendant A. Passmore & Sons, Inc. (“APSI”) appeals from a jury verdict awarding damages in the amount of $200,000 to its former employee, plaintiff Patrick A. Turner.1 Mr. Turner cross-appeals, asking us to reverse the district court’s decision denying his post-judgment motion for attorneys’ fees, costs, and prejudgment interest. Exercising jurisdiction over these appeals under 28 U.S.C. ... More... $0 (08-04-2009 - OK)
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Bank of Oklahoma v. Regina Ashley
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¶1 Defendant, Regina Ashley n/k/a Williams, appeals from the trial court's denial of her motion to release a judgment lien held by Plaintiff, Bank of Oklahoma (Bank). At issue is a question of first impression: Does a pre-existing judgment lien on a debtor's real property survive a bankruptcy discharge in light of 12 O.S.2001 § 706(E)(2)? We find that it does and affirm.
FACTS
¶2 ... More... $0 (05-14-2009 - OK)
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Tharon Paup, et al. v. Gear Products, Inc.
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Gear Products, Inc. discharged Gwen Coffelt, Tharon Paup, and Carol Shuffitt in 2001. The three former employees filed suit contending that the company based their discharge on impermissible age discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”). The district court granted summary judgment to Gear Products, and the plaintiffs now seek rev... More... $0 (06-19-2009 - OK)
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The Securities and Exchange Commission v. Matthew J. Browne
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The Securities and Exchange Commission today charged Tulsa, Okla.-based attorney Matthew J. Browne with insider trading, alleging that he sold all of the stock he owned in a local energy company on the basis of confidential information that he learned while providing legal services to a client.
The SEC alleges that Browne avoided losses of more than $80,000 by selling all of his shares in S... More... $81733 (04-29-2009 - OK)
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In re: Williams Securities Litigation - WCG Subclass
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On July 24, 2000, The Williams Companies, Inc. (“WMB”) announced that it would be spinning off its telecommunications subsidiary, Williams Communications Group (“WCG”), in a move that it called “the best way to ensure that both our energy and communications businesses have the efficient and effective access to the capital necessary to pursue the substantial growth that each enjoys.” No... More... $0 (02-18-2009 - OK)
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American Associates, Inc. v. Vern Quimby, Orpha Quinby and Brent L. Hajekc
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¶1 Defendants Vern Quimby,1 Orpha Quimby and Brent L. Hajek appeal from an order granting summary judgment in favor of Plaintiff American Associates, Inc. (Creditor), which set aside the judgment in a prior state court action2 for the purpose of permitting Plaintiff to be added as a necessary party to that action pursuant to 12 O.S. 2001 §2019.
I. Timeline of Relevant Facts and Litigatio... More... $0 (10-16-2008 - OK)
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JOEY SPENCE v. BROWN-MINNEAPOLIS TANK, CO.
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¶1 Plaintiffs/Appellants, Joey L. Spence (Spence) and Mitch Johnson (Johnson), as well as Johnson's parents in their individual and representative capacities, seek review of the trial court's order granting the motion for summary judgment of Appellee Brown-Minneapolis Tank Company (BMTCo)1 on Plaintiffs' negligence and products' liability claims. Having reviewed the record, however, the trial cou... More... $0 (10-16-2008 - OK)
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Michael A. Brady v. UBS Financial Services, Inc.; Greater Southwest Funding Corporation
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Michael Brady brought suit against Greater Southwest Funding Corporation (“GSW”) and UBS Financial Services (“UBS”), which Brady contends is GSW’s alter ego, for payment on bonds issued by GSW. The district court dismissed Brady’s claims as time barred. This court has jurisdiction pursuant to 28 U.S.C. § 1291 and holds that Brady acquired a right to sue on the Stated Maturity of his b... More... $0 (09-01-2008 - OK)
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In re the matter of the reinstatement of W.E. Pat Pate II
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1 Applicant, W.E. Pat Pate II was admitted to the Oklahoma Bar Association in 1991. On April 30, 1999, Mr. Pate submitted his resignation pending disciplinary proceedings to this Court and his name was stricken from the Roll of Attorneys by order of this Court on May 11, 1999, in State of Oklahoma ex rel Oklahoma Bar Ass'n. v. Pate, 1999 OK 42, 983 P.2d, 1015.
2 This is Mr. Pate's first atte... More... $0 (03-18-2008 - OK)
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Patrick J. Malloy, III, Trustee v. Wilserve Credit Union
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Defendant-Appellant, WilServ Credit Union ("credit union"), appeals from
an order and judgment of the Bankruptcy Appellate Panel ("BAP") affirming the
judgment of the bankruptcy court. In re Harper, No. 06-076, 2007 WL 45918
(10th Cir. BAP Jan. 9, 2007). The bankruptcy court entered judgment in favor of
Plaintiff-Appellee, Patrick J. Malloy, III, the chapter 7 trustee ("trustee"),
avoidi... More... $0 (01-24-2008 - OK)
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Shelter Mutual Insurance Company v. Elaine Wheat
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Defendant Elaine Wheat sued Shane Clark in Oklahoma state court after
Mr. Clark shot her at her home. At the time of the shooting, plaintiff Shelter
Mutual Insurance Company (Shelter) insured Mr. Clark under a homeowners
insurance policy that included personal liability coverage. Shelter subsequently
brought this action in federal district court seeking a declaratory judgment that
Ms. Whea... More... $0 (01-09-2008 - OK)
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Bancfirst v. Harold Cox and Geraldine Cox
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�1 Appellant, BancFirst, appeals from an order of the trial court in a probate proceeding that the stock of Jay Carlton Cox (Jay) in American First Abstract Company (Abstract Company) was not subject to BancFirst's judgment lien or claims.
�2 The stock was a substantial asset in Jay's Estate. BancFirst was a creditor of Jay's Estate by way of a Deficiency Judgment issued i... More... $0 (12-27-2007 - OK)
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Dollar Rent A Car Systems, Inc. v. P.R.P. Enterprises, Inc., et al.
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Plaintiff-Appellee Dollar Rent A Car Systems ("Dollar"), an Oklahoma corporation, sued Defendant-Appellant PRP Enterprises, Inc., a Florida corporation, and PRT Enterprises, Inc., a Virginia corporation, ("Franchisees") for declaratory judgment that Dollar was entitled to terminate its relationship with Franchisees and breach of contract arising from Franchisees' failure to make payments as re... More... $0 (08-04-2007 - OK)
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Thaxton v. Beneficial Mortgage Co. of Oklahoma
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Plaintiffs, John F. Thaxton II and Annette Thaxton, appeal an order of summary judgment granted in favor of Defendants, Beneficial Mortgage Co. (BMC) and Beneficial Oklahoma, Inc. (BOI). For the following reasons, we affirm in part, reverse in part, and remand for further proceedings.
FACTS
In July 1994, Dennis and Janet Bullock granted BMC a first mortgage on their... More... $0 (08-01-2006 - OK)
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John F. Thaxton, II and Annette Thaxton v. Beneficial Mortgage Co. of Oklahoma and Beneficial Oklahoma, Inc.
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1 Plaintiffs, John F. Thaxton II and Annette Thaxton, appeal an order of summary judgment granted in favor of Defendants, Beneficial Mortgage Co. (BMC) and Beneficial Oklahoma, Inc. (BOI). For the following reasons, we affirm in part, reverse in part, and remand for further proceedings.
FACTS
2 In July 1994, Dennis and Janet Bullock granted BMC a first mortgage on their real propert... More... $0 (08-01-2006 - OK)
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Phillip R. Lierly and Joe Bill Lierly v. Tidewarter Petroleum Corporation
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1 Appellant presents two questions of law for certiorari review: 1) Is an oil and gas lessee subject to liability for malicious prosecution for seeking an injunction against the surface owner who interferes with lessee's entry upon the land at a specific location? and 2) Is a defendant entitled to present closing argument on the amount of punitive damages in the second stage of a jury trial eve... More... $0 (08-12-2006 - OK)
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Mark D. Lurie and Jennifer A. Lurie v. Steven Hammons
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Plaintiff was a passenger in a January 2001 2-5 mile an hour rear end accident with disc disruption at the L-4-5 (he was in the front car). Stipulated liability by the Defendant. Defense was pre-existing degenerative disc disease and prior back pain (Framjee). There was a dispute as to any damage to either vehicle but the estimates at the scene were $200.00 to the jeep that hit my client and $4... More... $0 (03-07-2006 - OK)
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State ex rel. Oklahoma Bar Association v. Holden
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1 The complainant, Oklahoma Bar Association (Bar Association), charged the respondent, Darril L. Holden (Holden/attorney), with three counts of misconduct. All three counts related to the attorney's unauthorized practice of law while under a disciplinary suspension1 and to his dishonesty in responding to grievance inquiries. The attorney admitted his misconduct. We find that this conduct - invo... More... $0 (07-16-1996 - OK)
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Nelson, et al. v. Williams Companies, et al.
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ERISA class action claim against Williams Companies, Inc. which claimed that Williams misled participants in its 401(k) retirement plan about the financial conditions of Williams and its former telecommunications unit, Williams Communications Group, Inc. The plaintiffs claimed that Williams breached its fiduciary duty to them and exposed them to unreasonable risk. Williams Communications file... More... $57600000 (09-29-2005 - OK)
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Delmer Garrett v. Rick Esser, et al.
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Plaintiff's complaint alleged that Defendants violated RICO by "engag[ing] in various schemes intended to use sham legal process to defraud and extort money and property from American citizens." R. Vol. I, doc. 1 at 2-3. To state a RICO claim, a plaintiff must set forth "four elements: (1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity. A pattern of racketeering... More... $0 (09-23-2005 - OK)
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John R. Sullivan v. Buckhorn Ranch Partnership, a Texas General Partnership; Joe P. Sullivan, an Individual; Mark J. Sullivan, an Individual; BH Ranch, Ltd., a Texas Limited Partnership; Grand Prairie State Bank
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1 Title 11 U.S.C.A. �5541 of the United States Bankruptcy Code governs abandonment of bankruptcy estate property. It allows the court to order the trustee to abandon any estate property that is burdensome or of inconsequential value and benefit to the estate.2 When an asset has been abandoned by the trustee, it is no longer part of the bankruptcy estate. It reverts to its pre-bankru... More... $0 (06-16-2005 - OK)
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BANK OF TULSA v. T.H. RUSSELL, et al.
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�1 Defendants appeal from the trial court's order which granted summary judgment for Plaintiff in this action to determine a security interest in an employee profit sharing plan and trust. Having reviewed the record and applicable law, we reverse.
�2 Bank of Tulsa instituted this action against Defendants as the Trustees of the T.H. Russell Profit Sharing Pl... More... $0 (07-21-1987 - OK)
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