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EXECUTIVE COMMITTEE OF AMERICAN LEGION v. HARDY

No. 37219.

300 P.2d 663 (1956)

The EXECUTIVE COMMITTEE OF the AMERICAN LEGION, DEPARTMENT OF OKLAHOMA, an Unincorporated Association, Composed of Charles W. Hoshall, Department Commander, Raymond A. Trapp, Junior Department Commander, Preston J. Moore, National Executive Committeeman, H. G. Brundidge, First District, W. W. "Red" Hunter, Second District, W. H. Oliver, Third District, Bonnie B. Long, Fourth District, Henry L. Bowman, Fifth District, James Morris, Sixth District, John B. Wilson, Jr., Seventh District, Dr. Floyd Sheets, Eighth District, as Individuals and as Members of the Executive Committee, and A. R. Tyner, Adjutant, Individually, and as Secretary of the Executive Committee, Plaintiffs in Error, v. Woodrow W. HARDY, Individually, and as Pretending Member of the War Veterans Commission, a Department of the State of Oklahoma, Defendant in Error.

Supreme Court of Oklahoma.

July 31, 1956.

Attorney(s) appearing for the Case

Clee Fitzgerald, Stillwater, for plaintiffs in error.

Charles E. Dierker and Ned Looney, Oklahoma City, Mac Q. Williamson, Atty. Gen., Fred Hansen, First Asst. Atty. Gen., for defendant in error.

BLACKBIRD, Justice.

This action, purportedly in the nature of quo warranto, was instituted by plaintiffs in error, as plaintiffs, against the defendant in error, as defendant, seeking a judgment ousting defendant from office as a member of the State War Veterans Commission. The latter will hereinafter be referred to merely as the "Commission", and the parties by their trial court designations.

According to the undenied...

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