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CITY OF BLACKWELL v. MURDUCK

No. 34908.

206 Okla. 466 (1952)

244 P.2d 817

CITY OF BLACKWELL v. MURDUCK et al.

Supreme Court of Oklahoma.

Rehearing Denied May 20, 1952.

Attorney(s) appearing for the Case

Rodgers & Gurley and Peyton E. Brown, City Atty., Blackwell, for plaintiff in error.

Irving D. Ross and David Ross, of the firm Ross & Ross, Newkirk, for defendants in error.

O'NEAL, J.

This is the third time the controversy between Wilbur Murduck and the city of Blackwell, Oklahoma, upon the issue of damage to Murduck's land, is presented to this court. Murduck et al. v. City of Blackwell, 198 Okla. 171, 176 P.2d 1002, in which case we held the trial court erred in sustaining a demurrer to plaintiff's evidence and dismissing plaintiff's action. In the City of Blackwell v. Murduck et al., 202 Okla. 216

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