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CITY OF OKLAHOMA CITY v. DALY

No. 37374.

316 P.2d 129 (1957)

The CITY OF OKLAHOMA CITY, a Municipal Corporation, Plaintiff in Error, v. Gertrude Paine DALY, Edith Paine Hamilton, J.B. McClelland, Jr., as Guardian of the Estate of Minnette E. Paine, incompetent; Houston Bank & Trust Company, a corporation, as Trustee under the Will and Codicils to the Will of R.E. Paine, Deceased, for the use and benefit of R.E. Paine, Jr., and Houston Bank & Trust Company, a corporation, as Executor of Estate of E.W. Gruendler, Deceased, Defendants in Error.

Supreme Court of Oklahoma.

September 24, 1957.

Attorney(s) appearing for the Case

A.L. Jeffrey, Municipal Counselor, and Howard V. Cudd, Asst. Municipal Counselor, Oklahoma City, for plaintiff in error.

Harlan Deupree, and McClelland, Bailey & McClelland, Oklahoma City, for defendants in error.

CORN, Justice.

This action for damages resulting from the construction of a city sewer was tried by the court on the petition of the defendants in error, hereinafter called Owner, against the City of Oklahoma City, hereinafter called the "City", plaintiff in error. The court found in favor of the Owner and against the City and rendered judgment accordingly.

The controversy arose from the construction by the City of...

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