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STATE EX REL. ALLEN v. BOARD OF EDUCATION

No. 34999.

206 Okla. 699 (1952)

246 P.2d 368

STATE ex rel. ALLEN v. BOARD OF ED., INDEPENDENT SCHOOL DIST. NO. 74, MUSKOGEE COUNTY, et al.

Supreme Court of Oklahoma.

Rehearing Denied July 23, 1952.

Attorney(s) appearing for the Case

C.N. Haskell, Muskogee, for plaintiff in error.

C.F. Gordon, Muskogee, for defendant in error.

O'NEAL, J.

Virgil Allen, a citizen of Muskogee county, Oklahoma, brought the present action against the named defendants. The defendant, the Citizens National Bank of Muskogee, demurred to plaintiff's petition on two grounds:

(a) That the plaintiff has no legal capacity to sue.

(b) That the petition does not state facts sufficient to constitute a cause of action in favor of the plaintiff and against the defendant.

The trial court sustained...

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