G & C Holdings LLC v. Rexam Beverage Can Company et al
Plaintiff: G & C Holdings LLC
Defendant: Rexam Beverage Can Company and Old Republic Title Company of Oklahoma
Case Number: 5:2010cv01079
Filed: October 4, 2010
Court: US District Court for the Western District of Oklahoma
Office: Oklahoma City Office
County: Oklahoma
Presiding Judge: Timothy D DeGiusti
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on June 20, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 20, 2013 Filing 84 MANDATE ISSUED From USCA #77 Notice of Appeal filed by G & C Holdings LLC (ap)
May 29, 2013 Opinion or Order Filing 83 ORDER AND JUDGMENT of USCA as to #77 Notice of Appeal filed by G & C Holdings LLC; judgment of the district court is affirmed. Briscoe, Chief Judge, McKay and O'Brien, Circuit Judges (Attachments: #1 Cover Letter)(ap)
September 21, 2012 Filing 82 TRANSCRIPT LETTER advising transcript is not necessary re #77 Notice of Appeal filed by G & C Holdings LLC. The record is ready for appeal purposes. (ap)
September 20, 2012 Filing 81 TRANSCRIPT Order Form by G & C Holdings LLC re #77 Notice of Appeal that transcripts are not necessary. See order form for dates and proceedings. (Bratcher, Monty)
September 11, 2012 Filing 80 USCA Case Number 12-6239 for #77 Notice of Appeal filed by G & C Holdings LLC. (ap)
September 11, 2012 Filing 79 PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re #77 Notice of Appeal (ap)
September 11, 2012 Filing 78 USCA Appeal Fee received in the amount of $ 455, receipt number OKW500027279, re #77 Notice of Appeal filed by G & C Holdings LLC (ap)
September 10, 2012 Filing 77 NOTICE OF APPEAL as to #75 Order on Motion to Review Taxation of Costs, #76 Order on Motion for Attorney Fees by G & C Holdings LLC. (Bratcher, Monty)
August 27, 2012 Opinion or Order Filing 76 ORDER denying #64 Motion for Attorney Fees. Signed by Honorable Timothy D. DeGiusti on 8/27/2012. (mb)
August 13, 2012 Opinion or Order Filing 75 ORDER denying #68 Motion to Review Taxation of Costs. Signed by Honorable Timothy D. DeGiusti on 8/13/2012. (mb)
March 25, 2012 Filing 74 BRIEF IN SUPPORT re #73 Supplement, Response Brief to Defendant's Supplemental Brief in Opposition to Plaintiff's Motion for Attorney's Fees by G & C Holdings LLC. (Attachments: #1 Exhibit Affidavit of Monty L Bratcher, #2 Exhibit Time Sheets)(Bratcher, Monty)
March 12, 2012 Filing 73 SUPPLEMENT Brief In Opposition To Plaintiffs Motion For Attorneys Fees by Rexam Beverage Can Company. (Attachments: #1 Exhibit 1- State Bank & Trust v. First Bank of Texas, #2 Exhibit 2- Affidavit of Monty Bratcher, #3 Exhibit 3- Clark v. Penn Square Mall Limited Partnership, #4 Exhibit 4- Uvbo v. Integris Health, Inc.)(Pearson, Chance)
March 9, 2012 Opinion or Order Filing 72 ORDER granting #71 Motion for Leave to File Supplemental Brief in Opposition to Plaintiff's Motion for Attorney's Fees. Supplemental Brief due within 7 days. Signed by Honorable Timothy D. DeGiusti on 3/9/2012. (mb, )
February 10, 2012 Filing 71 MOTION for Leave to File Supplemental Brief in Opposition to Plaintiff's Motion for Attorney's Fees by Rexam Beverage Can Company. (Attachments: #1 Exhibit 1- Monty Bratcher Affidavit, #2 Exhibit 2- Supplemental Brief in Opposition to Plainitff's Motion for Attorney's Fees)(Pearson, Chance)
February 7, 2012 Filing 70 NOTICE (other) by All Plaintiffs of Change of E-Mail Address (Bratcher, Monty)
February 2, 2012 Filing 69 OBJECTIONS TO PLAINTIFFS MOTION TO REVIEW COSTS AWARD filed by Rexam Beverage Can Company. (Attachments: #1 Exhibit 1- Real Estate Purchase Agreement, #2 Exhibit 2- Petition)(Pearson, Chance)
January 17, 2012 Filing 68 MOTION to Review Taxation of Costs by G & C Holdings LLC. (Attachments: #1 Exhibit Exhibit 1, Vol. 1 - Real Estate Purchase Agreement, #2 Exhibit Exhibit 1, Vol. 2 - Real Estate Purchase Agreement, #3 Exhibit Exhibit 2 - Bill of Costs Award)(Bratcher, Monty)
January 12, 2012 Filing 67 Costs Taxed in amount of $ 253.10 against Defendant Rexam Beverage Can Co. (cjs)
December 23, 2011 Filing 66 RESPONSE in Opposition re #64 MOTION for Attorney Fees and Brief in Support filed by Rexam Beverage Can Company. (Attachments: #1 Exhibit Real Estate Purchase Agreement, #2 Exhibit Petition)(Pearson, Chance)
December 14, 2011 Filing 65 OBJECTIONS TO PLAINTIFFS REQUEST FOR COSTS filed by Rexam Beverage Can Company. (Attachments: #1 Exhibit 1- Real Estate Purchase Agreement, #2 Exhibit 2- Petition)(Pearson, Chance)
December 9, 2011 Filing 64 MOTION for Attorney Fees and Brief in Support by G & C Holdings LLC. (Attachments: #1 Exhibit Exhibit 1, Vol. 1 - Real Estate Purchase Agreement, #2 Exhibit Exhibit 1, Vol. 2, Real Estate Purchase Agreement, #3 Affidavit Exhibit 2 - Affidavit of Monty L Bratcher, #4 Exhibit Exhibit 3 - Billing Statements, #5 Affidavit Exhibit 4 - Affidavit of Stephen Sherman)(Bratcher, Monty)
December 1, 2011 Filing 63 NOTICE OF BILL OF COSTS HEARING, Bill of Costs Hearing set for 1/12/2012 10:00 AM in Court Clerk's Office (cjs)
November 30, 2011 Filing 62 BRIEF IN SUPPORT re #61 Bill of Costs, with Attachments and Affidavit by G & C Holdings LLC. (Attachments: #1 Exhibit Exhibit 1, vol. 1 - Real Estate Purchase Agreement, #2 Exhibit Exhibit 1, vol. 2, Real Estate Purchase Agreement)(Bratcher, Monty)
November 30, 2011 Filing 61 BILL OF COSTS with Affidavit and Attachments by G & C Holdings LLC. (Attachments: #1 Affidavit Affidavit for Bill of Costs, #2 Attachment Attachment 1 - Itemization of Costs, #3 Attachment Attachment 2 - State Court Filing Fee, #4 Attachment Attachment 3 - Service of Process Fees, #5 Attachment Attachment 4 - Motion for Summary Judgment Hard Copy Fee, #6 Attachment Attachment 5 - Interpleader Costs)(Bratcher, Monty)
November 28, 2011 Filing 60 JUDGMENT in favor of G & C Holdings LLC against Rexam Beverage Can Company. Signed by Honorable Timothy D. DeGiusti on 11/28/2011. (mb, )
November 28, 2011 Opinion or Order Filing 59 ORDER Dismissing defendant Old Republic Title Company of Oklahoma. Signed by Honorable Timothy D. DeGiusti on 11/28/2011. (mb, )
November 22, 2011 Filing 58 NOTICE (other) by Old Republic Title Company of Oklahoma re #25 Order on Motion for Order of Deposit of Subject of the Action into Court (Threlkeld, C)
November 22, 2011 Filing 57 Receipt for Money Received from Old Republic Title Company of Oklahoma in the amount of $94,035.00, receipt number OKW500021016 regarding #56 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, (cjs)
November 21, 2011 Opinion or Order Filing 56 ORDER granting #40 Motion for Summary Judgment; denying #50 Motion for Partial Summary Judgment. Parties to file a joint notice informing the Court of the status of the escrow money within 10 days. Signed by Honorable Timothy D. DeGiusti on 11/21/2011. (mb, )
April 4, 2011 Filing 55 REPLY to Response to Motion re #50 MOTION for Partial Summary Judgment and Brief in Support filed by Rexam Beverage Can Company. (Floyd, John)
March 28, 2011 Filing 54 RESPONSE in Opposition re #50 MOTION for Partial Summary Judgment and Brief in Support and Brief in Support filed by All Plaintiffs. (Bratcher, Monty)
March 21, 2011 Opinion or Order Filing 53 ORDER granting #51 Motion to Strike Certain Pre-Trial Filings. Final Pretrial Report and Pretrial Filings due 20 days after the Court rules on all summary judgment motions. Signed by Honorable Timothy D. DeGiusti on 3/21/2011. (mb, )
March 17, 2011 Filing 52 RESPONSE in Opposition re #40 FIRST MOTION for Summary Judgment filed by Rexam Beverage Can Company. (Attachments: #1 Exhibit Exhibit 1 - Real Estate Purchase Agreement)(Pearson, Chance)
March 17, 2011 Filing 51 JOINT MOTION to Strike Certain Pre-Trial Filings and Extend Deadline for Filing by G & C Holdings LLC, Rexam Beverage Can Company. (Pearson, Chance)
March 8, 2011 Filing 50 MOTION for Partial Summary Judgment and Brief in Support by Rexam Beverage Can Company. (Attachments: #1 Exhibit 1-Feb. 2010 Real Estate Purchase Agreement, #2 Exhibit 2-Gibb Ltr dtd 04-29-10, #3 Exhibit 3-Gelnar Ltr dtd 05-07-10, #4 Exhibit 4-Gelnar Ltr dtd 05-03-10, #5 Exhibit 5-Bratcher Ltr dtd 05-14-10, #6 Exhibit 6-Bratcher Ltr dtd 05-27-10, #7 Exhibit 7-Gelnar Ltr dtd 06-24-10, #8 Exhibit 8-Bratcher Ltr dtd 07-08-10, #9 Exhibit 9-Herlacher Ltr dtd 07-06-10, #10 Exhibit 10-Bratcher Ltr dtd 07-27-10, #11 Exhibit 11-Gelnar Ltr dtd 08-04-10, #12 Exhibit 12-Envision Environmental Memo dtd 07-14-10, #13 Exhibit 13-Oct. 2010 Real Estate Purchase and Sale Agreement)(Pearson, Chance)
March 7, 2011 Opinion or Order Filing 49 ORDER striking #42 Motion in Limine; striking #43 Motion in Limine; striking #44 Motion in Limine; denying #46 Motion for Leave to Combined Daubert and Motions in Limine as Separate Documents. Deadline for Motions in Limine extended to 20 days after the Court issues a ruling on all summary judgment motions. Signed by Honorable Timothy D. DeGiusti on 3/7/2011. (mb, )
March 4, 2011 Filing 48 RESPONSE to Motion re #46 MOTION for Leave to File Combined Daubert and Motions in Limine as Separate Documents filed by Rexam Beverage Can Company. (Pearson, Chance)
March 3, 2011 Filing 47 Proposed Findings of Fact by Defendant Rexam Beverage Can Company. (Pearson, Chance)
March 3, 2011 Filing 46 MOTION for Leave to File Combined Daubert and Motions in Limine as Separate Documents by All Plaintiffs. (Bratcher, Monty)
March 3, 2011 Filing 45 Proposed Findings of Fact by Plaintiff G & C Holdings LLC. (Bratcher, Monty)
March 3, 2011 Filing 44 MOTION in Limine and Daubert Motion by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1 - Expert Report of Brian Glasshoff)(Bratcher, Monty)
March 3, 2011 Filing 43 MOTION in Limine and Daubert Motion by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1 - Expert Report of Nancy Coleman)(Bratcher, Monty)
March 3, 2011 Filing 42 MOTION in Limine and Daubert Motion by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1 - Expert Report of Brian Clancy)(Bratcher, Monty)
March 3, 2011 Filing 41 FINAL PRETRIAL REPORT. (Bratcher, Monty)
February 24, 2011 Filing 40 FIRST MOTION for Summary Judgment by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1, Volume 1: Real Estate Purchase Agreement of February 12, 2010, #2 Exhibit Exhibit 1, Volume 2: Real Estate Purchase Agreement of February 12, 201, #3 Exhibit Exhibit 2: Affidavit of Claude Allen, #4 Exhibit Exhibit 3: Letter of David Gibb of April 20, 2010, #5 Exhibit Exhibit 4: Letter of Stephen Gelnar of April 26, 2010, #6 Exhibit Exhibit 5: Letter of David Gibb of April 27, 2010, #7 Exhibit Exhibit 6: Letter of David Gibb of April 29, 2010, #8 Exhibit Exhibit 7: Letter of Stephen Gelnar of May 3, 2010, #9 Exhibit Exhibit 8: Letter of David Gibb of May 5, 2010, #10 Exhibit Exhibit 9: Letter of Stephen Gelnar of May 7, 2010, #11 Exhibit Exhibit 10: Letter of Monty Bratcher of May 10, 2010, #12 Exhibit Exhibit 11: Letter of Stephen Gelnar of May 17, 2010, #13 Exhibit Exhibit 12: Letter of Monty Bratcher of May 21, 2010, #14 Exhibit Exhibit 13: Letter of Monty Bratcher of May 27, 2010, #15 Exhibit Exhibit 14: Letter of Stephen Gelnar of June 4, 2010, #16 Exhibit Exhibit 15: Letter of Monty Bratcher of June 8, 2010, #17 Exhibit Exhibit 16: Letter of Stephen Gelnar of June 24, 2010, #18 Exhibit Exhibit 17: Southwest Environmental Consultants Memo of July 6, 2010, #19 Exhibit Exhibit 18: Letter of Monty Bratcher of July 8, 2010, #20 Exhibit Exhibit 19: Letter of Monty Bratcher of July 27, 2010, #21 Exhibit Exhibit 20: Letter of Stephen Gelnar of August 4, 2010, #22 Exhibit Exhibit 21: Letter of Monty Bratcher of August 17, 2010, #23 Exhibit Exhibit 22: Letter of Stephen Gelnar of August 18, 2010, #24 Exhibit Exhibit 23: Letter of Monty Bratcher of August 19, 2010, #25 Exhibit Exhibit 24: Letter of Monty Bratcher of August 23, 2010, #26 Exhibit Exhibit 25: Special Warranty Deed of December 21, 2010 and consideration page, #27 Exhibit Exhibit 26: Letter of David Gibb of May 5, 2010)(Bratcher, Monty)
February 24, 2011 Opinion or Order Filing 39 ORDER granting #37 Motion for Extension of Time to File Dispositive and Daubert Motions. Deadline for filing motions 3/8/2011. Signed by Honorable Timothy D. DeGiusti on 2/24/2011. (mb, )
February 24, 2011 Filing 38 RESPONSE in Opposition re #37 MOTION for Extension of Time to File Dispositive Motion filed by All Plaintiffs. (Bratcher, Monty)
February 23, 2011 Filing 37 MOTION for Extension of Time to File Dispositive Motion by Rexam Beverage Can Company. (Floyd, John)
February 17, 2011 Filing 36 OBJECTIONS re #35 Exhibit List / Witness List of Defendant filed by All Plaintiffs. (Bratcher, Monty)
February 11, 2011 Filing 35 Exhibit List / Witness List by Defendant Rexam Beverage Can Company. (Pearson, Chance)
February 10, 2011 Filing 34 ANSWER to #9 Answer to Complaint / Disclaimer, Counterclaim of Defendant by All Plaintiffs.(Bratcher, Monty)
February 8, 2011 Opinion or Order Filing 33 ORDER granting #31 Motion for Leave to File Answer to Counterclaim Out of Time. Answer to Counterclaim to file answer within 5 days of this Order. Signed by Honorable Timothy D. DeGiusti on 2/8/2011. (mb, )
February 4, 2011 Filing 32 Exhibit List / Witness List by Plaintiff G & C Holdings LLC. (Bratcher, Monty)
February 4, 2011 Filing 31 MOTION for Leave to File Answer to Defendant's Counterclaim Out of Time by All Plaintiffs. (Bratcher, Monty)
February 4, 2011 Filing 30 Expert Witness List by Defendant Rexam Beverage Can Company. (Pearson, Chance)
January 24, 2011 Filing 29 ENTRY of Appearance by John T Floyd on behalf of Rexam Beverage Can Company (Floyd, John)
January 24, 2011 Filing 28 ENTRY of Appearance by James P McLoughlin, Jr on behalf of Rexam Beverage Can Company (McLoughlin, James)
January 21, 2011 Opinion or Order Filing 27 ORDER granting #26 Motion for Extension of Scheduling Order Deadlines. Signed by Honorable Timothy D. DeGiusti on 1/21/2011. (mb, )
January 21, 2011 Set/Reset Scheduling Order Deadlines: Motions due by 2/25/2011. (mb, )
January 20, 2011 Filing 26 JOINT MOTION for Extension of Time of Certain Scheduling Order Deadlines by G & C Holdings LLC, Rexam Beverage Can Company. (Pearson, Chance)
January 11, 2011 Opinion or Order Filing 25 ORDER granting #20 Motion for Interpleader. Signed by Honorable Timothy D. DeGiusti on 1/11/2011. (mb, )
December 30, 2010 Opinion or Order Filing 24 ORDER granting #23 Motion for Extension of Certain Scheduling Order Deadlines. Defendants to file expert witness list and submit expert reports by 01/21/2011. Plaintiff filing witness and exhibit list due by 01/21/2011. Defendants' final list of witnesses and exhibits 14 days t/a. Motions deadline is 02/11/2011. Signed by Honorable Timothy D. DeGiusti on 12/30/10. (kw, )
December 30, 2010 Set/Reset Deadlines: Motions due by 2/11/2011. (kw, )
December 29, 2010 Filing 23 JOINT MOTION for Extension of Time of Certain Scheduling Order Deadlines by G & C Holdings LLC, Rexam Beverage Can Company. (Pearson, Chance)
December 17, 2010 Filing 22 Expert Witness List by Plaintiff G & C Holdings LLC. (Bratcher, Monty)
December 1, 2010 Opinion or Order Filing 21 SCHEDULING ORDER: Pla expert witness list and expert reports due 12/17/2010; Dft expert witness list and expert reports due 12/31/2010; Pla witness list due 12/31/2010; Pla exhibit list due 12/31/2010; Stipulations due 3/3/2011; Motions in limine due 3/3/2011; Trial briefs due 3/3/2011; Proposed Findings of Fact and Conclusions due 3/3/2011; Bench Trial set for 4/11/2011 09:30 AM in Courtroom 503 before Honorable Timothy D. DeGiusti. Discovery due by 3/3/2011. Motions due by 2/3/2011. Pretrial Report due by 3/3/2011.. Signed by Honorable Timothy D. DeGiusti on 12/1/2010. (mb, )
December 1, 2010 Filing 20 JOINT MOTION for Order for Interpleader by G & C Holdings LLC, Old Republic Title Company of Oklahoma, Rexam Beverage Can Company. (Bratcher, Monty)
November 24, 2010 Filing 19 JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff G & C Holdings LLC, Counter Defendant G & C Holdings LLC, Defendants Old Republic Title Company of Oklahoma, Rexam Beverage Can Company, Counter Claimant Rexam Beverage Can Company. (Bratcher, Monty)
November 24, 2010 Filing 18 NOTICE of Change of Address by Monty L Bratcher (Bratcher, Monty)
November 24, 2010 Filing 17 ENTRY of Appearance by Monty L Bratcher on behalf of G & C Holdings LLC (Bratcher, Monty)
November 22, 2010 Opinion or Order Filing 16 ORDER granting #14 Motion to Appear Pro Hac Vice of James P. McLoughlin, Jr. and John T. Floyd. Signed by Honorable Timothy D. DeGiusti on 11/22/2010. (mb, )
November 17, 2010 Filing 15 Receipt for Money Received from Ryan Whaley Coldiron Shandy on behlaf of Rexam Beverage Can Company in the amount of $100.00, receipt number OKW500013354 regarding #14 MOTION for Leave to Appear Pro Hac Vice of James P. McLoughlin, Jr. and John T. Floyd. (cps)
November 17, 2010 Filing 14 MOTION for Leave to Appear Pro Hac Vice of James P. McLoughlin, Jr. and John T. Floyd by Rexam Beverage Can Company. (Attachments: #1 Exhibit 1-McLoughlin Request for Admission, #2 Exhibit 2-Floyd Request for Admission)(Whaley, Phillip)
November 9, 2010 Filing 13 ENTRY of Appearance by Chance L Pearson on behalf of Rexam Beverage Can Company (Pearson, Chance)
October 25, 2010 Filing 12 ENTRY of Appearance by C Todd Ward on behalf of Old Republic Title Company of Oklahoma (Ward, C)
October 25, 2010 Filing 11 ENTRY of Appearance by C William Threlkeld on behalf of Old Republic Title Company of Oklahoma (Threlkeld, C)
October 22, 2010 Filing 10 DOCKET: Scheduling Conference set for 12/1/2010 02:00 PM in Chambers before Honorable Timothy D. DeGiusti. Status Report due by 11/24/2010. (mb, )
October 14, 2010 Filing 9 ANSWER to Complaint (Petition), COUNTERCLAIM against G & C Holdings LLC by Rexam Beverage Can Company.(Whaley, Phillip)
October 14, 2010 Filing 8 AMENDED NOTICE OF REMOVAL from District Court Oklahoma County, case number CJ-2010-7650 filed by Rexam Beverage Can Company. (Attachments: #1 Exhibit State Court Petition, #2 Exhibit Rexam Summons, #3 Exhibit Rexam Notice of Service, #4 Exhibit RWCS State Court Appearance, #5 Exhibit State Court Appearance Old Republic, #6 Exhibit Answer, Counterclaim and Cross-claim of Old Republic, #7 Exhibit Notice of filing Notice of Removal, #8 Exhibit State Court Docket Sheet)(cjs, )
October 14, 2010 Filing 7 ENTRY of Appearance by Stephen C Gelnar on behalf of Rexam Beverage Can Company (Gelnar, Stephen)
October 7, 2010 Opinion or Order Filing 6 ORDER directing the defendant to file an amended notice within 14 days. Signed by Honorable Timothy D. DeGiusti on 10/7/2010. (mb, )
October 4, 2010 Filing 5 CERTIFICATE Regarding Removal. (Whaley, Phillip)
October 4, 2010 Filing 4 Receipt for Money Received from Old Republic Title Company of Oklahoma, Rexam Beverage Can Company in the amount of $350.00, receipt number OKW500012337 regarding #1 Notice of Removal, (cjs, )
October 4, 2010 Filing 3 ENTRY of Appearance by Matthew C Kane on behalf of Rexam Beverage Can Company (Kane, Matthew)
October 4, 2010 Filing 2 ENTRY of Appearance by Phillip G Whaley on behalf of Rexam Beverage Can Company (Whaley, Phillip)
October 4, 2010 Filing 1 NOTICE OF REMOVAL from District Court Oklahoma County, case number CJ-2010-7650 filed by Rexam Beverage Can Company, Old Republic Title Company of Oklahoma. (Attachments: #1 Exhibit State Court Petition, #2 Exhibit Rexam Summons, #3 Exhibit Rexam Notice of Service, #4 Exhibit RWCS Court Appearance, #5 Exhibit State Court appearance for Old Republic, #6 Exhibit Answer and Counterclaim of Old Republic, #7 Exhibit State Court Docket Sheet, #8 Civil Cover Sheet)(cjs, )

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Plaintiff: G & C Holdings LLC
Represented By: Monty L Bratcher
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Defendant: Rexam Beverage Can Company
Represented By: Chance L Pearson
Represented By: James P McLoughlin, Jr
Represented By: John T Floyd
Represented By: Matthew C Kane
Represented By: Phillip G Whaley
Represented By: Stephen C Gelnar
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Defendant: Old Republic Title Company of Oklahoma
Represented By: C William Threlkeld
Represented By: C Todd Ward
Represented By: Phillip G Whaley
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