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BURKE v. GARDENHIRE

No. 37476.

313 P.2d 1099 (1957)

E.J. BURKE, Plaintiff in Error, v. Tom GARDENHIRE and Lula Gardenhire, Defendants in Error.

Supreme Court of Oklahoma.

June 25, 1957.

Attorney(s) appearing for the Case

Roy Frye, Sr., Roy Frye, Jr., Sallisaw, for plaintiff in error.

J. Fred Green, Fred D. Green, W.S. Agent, Sallisaw, for defendants in error.

CORN, Vice Chief Justice.

This is an appeal from a judgment rendered upon a jury verdict, in the third successive case tried (November 30, 1955) against the defendant at the same term of court. The issues involved were the same as case No. 37,474, Burke v. McKenzie, Okl., 313 P.2d 1090.

Of the jurors empaneled to try the case, over defendant's objection that the jurors had sat in...

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