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The first action, Fleischaker v. State Fed. Sav. & Loan
Association, Case No. 88-C-1230-E (the Fleischaker/State Federal
case), was a declaratory judgment action filed by petitioner in
the U.S. District Court for the Northern District of Oklahoma on
September 12, 1988. The Fleischaker/State Federal case
pertained to petitioner's State Federal loan guaranty, State
Federal takeout guaranty, and State Federal substitute guaranty.
By order dated October 11, 1990, the Federal District Court
determined that the State Federal loan guaranty required the bank
to proceed first against Adult Living Centers before proceeding
against petitioner. The court further found that the bank's
failure to do so was a material breach of the agreement, thereby
releasing petitioner from his obligations under the State Federal
loan and substitute guaranties. The court, however, found that
petitioner was liable for his share of commitment fees under the
State Federal takeout guaranty. On November 19, 1990, a judgment
in the amount of $18,329.06 was entered against petitioner in the
Fleischaker/State Federal case. On February 5, 1991, the parties
in the Fleischaker/State Federal case filed a mutual release and
satisfaction of judgment, reflecting that petitioner had fully
satisfied the $18,329.06 judgment.
From 1987 to 1991, petitioner paid the following legal fees
in the Fleischaker/State Federal case:
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