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PHILLIPS v. BALL

No. 37554.

358 P.2d 193 (1960)

Vivian PHILLIPS, Betty Austin, nee Smith, Wayne Smith and Cities Service Oil Company, Plaintiffs in Error, v. Merry X. BALL, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied December 27, 1960.

Application for Petition to File Second Petition for Rehearing Denied January 17, 1961.

Attorney(s) appearing for the Case

Walter Hubbell, Walters, Luther B. Eubanks, Lawton, Ivy, Ivy & Ivy, Waurika, of counsel, for plaintiffs in error, Vivian Phillips, Betty Austin, nee Smith, and Wayne Smith.

Gentry Lee, F.H. Bacon, L.L. Corn, Bartlesville, for plaintiff in error, Cities Service Oil Co.

Walter L. Kimmel, Tulsa, O.C. Essman, Robert D. Hudson, Tulsa, of Counsel, for defendant in error.

BERRY, Justice.

The defendant in error, Merry X. Ball, hereafter referred to as "plaintiff", instituted this action on December 7, 1953, against the plaintiffs in error, hereafter referred to as "defendants" or by name, to recover an undivided 2/9ths interest in the estate of Dewey W. Smith, her deceased father who died intestate in 1942 a resident of Cotton County, Oklahoma, and for an accounting in connection with said...

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