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ST. PAUL FIRE & MARINE INS. CO. v. GETTY OIL CO.

No. 63340.

782 P.2d 915 (1989)

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Appellant, v. GETTY OIL COMPANY, Getty Refining and Marketing Corporation, Skelly Oil Company, Schowengerdt Plastering Company, Black and West Architects, Flint Steel Corporation, and Flintco, Inc., Appellees.

Supreme Court of Oklahoma.

As Corrected November 8, 1989.

Attorney(s) appearing for the Case

John Howard Lieber, Knight, Wagner, Stuart, Wilkerson & Lieber, Tulsa, for appellant.

Harry M. Crowe, Jr., Crawford, Crowe & Bainbridge, Tulsa, for appellee, Black and West Architects.

Philip McGowan, Sanders & Carpenter, Tulsa, for appellees, Flint Steel Corp. and Flintco, Inc.

Hugh A. Baysinger and Stephanie J. Mather, Pierce, Couch, Hendrickson, Johnston & Baysinger, Oklahoma City, for amicus curiae.

SUMMERS, Justice.

At issue is the constitutionality of 12 O.S. 1981 § 109. That statute bars tort actions against builders, architects, owners and the like for damages by reason of defective design or construction for injuries occurring more than 10 years after completion of construction of an improvement to real property. Plaintiff's suit was held barred by the statute in the trial court, but the Court of Appeals reversed...

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