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FOWLER v. CITY OF SEMINOLE

No. 33652.

202 Okla. 635 (1950)

217 P.2d 513

FOWLER v. CITY OF SEMINOLE.

Supreme Court of Oklahoma.

April 18, 1950.

Attorney(s) appearing for the Case

A.S. Wells and Wells & Wells, all of Seminole, for plaintiff in error.

Horsley, Epton & Culp and Hicks Epton, all of Wewoka, and W.B. Edwards, of Seminole, for defendant in error.

HALLEY, J.

Parties will be referred to as they appeared in the lower court.

On June 1, 1942, W.L. Fowler filed a petition against the city of Seminole, alleging that he was the owner of a franchise from J.H. Killingsworth giving him the right to build and construct a water system and to furnish water for 25 years to residents of Killarney Hills, a subdivision adjoining the city of Seminole. That Killarney Hills was a 40-acre tract which Killingsworth had divided...

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