Legal Opinion

Indiana National Bank v. State Department of Human Services

Supreme Court of Oklahoma

Decided August 18, 1994No. 74771PublishedCited by 86 opinions

1Opinion of the Court

LAVENDER, Vice Chief Justice.

We decide whether the trial court correctly granted the motion to dismiss of appellee, Prudential-Bache Securities, Inc. (Prudential-Bache) for failure of appellant, Indiana National Bank (INB) to state a claim upon which relief could be granted made pursuant to 12 O.S.1991, § 2012(B)(6). We hold the trial court erred because, at a minimum, INB stated claims under the theories of implied warranty and federal securities violation. 1

STANDARD FOR REVIEWING MOTION TO DISMISS

Our review of a trial court’s dismissal for failure to state a claim upon which relief can be…

2Cases cited34 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
  3. United Housing Foundation, Inc. v. FormanSupreme Court of the United States · 1975
  4. Tcherepnin v. KnightSupreme Court of the United States · 1967
  5. Securities & Exchange Commission v. C. M. Joiner Leasing Corp.Supreme Court of the United States · 1943

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3Cited by86 opinions

  1. Lifewise Master Funding v. TelebankCourt of Appeals for the Tenth Circuit · 2004
  2. Patel v. OMH Medical Center, Inc.Supreme Court of Oklahoma · 1999
  3. Fanning v. BrownSupreme Court of Oklahoma · 2004
  4. Tuffy's, Inc. v. City of Oklahoma CitySupreme Court of Oklahoma · 2009
  5. Miller v. MillerSupreme Court of Oklahoma · 1998

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