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SCOTT v. HANSEN

No. 36301.

279 P.2d 654 (1955)

Leslie Lon SCOTT, Plaintiff in Error, v. F.C. HANSEN, doing business as American Plumbing and Heating Company, Defendant in Error.

Supreme Court of Oklahoma.

January 25, 1955.

Attorney(s) appearing for the Case

Gerald O'Brien, C.R. Nixon and Lewis J. Bicking, Tulsa, for plaintiff in error.

Ownby & Warren, Tulsa, for defendant in error.

BLACKBIRD, Justice.

This is an appeal by petition in error with case-made attached. The case-made was settled by the trial judge on December 21, 1953. The record discloses that there was no notice of settlement of the case-made. A motion to dismiss has been filed for this reason. The motion must be sustained. In Rutter v. Dunlap, 195 Okl. 88, 155 P.2d 529, we stated:

"A case-made settled and signed without notice to the opposing party of the time and place...

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