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OKLAHOMA TURNPIKE AUTHORITY v. BOARD OF CTY. COMM'RS

No. 37778.

329 P.2d 480 (1958)

OKLAHOMA TURNPIKE AUTHORITY, Plaintiff in Error, v. BOARD OF COUNTY COMMISSIONERS, OTTAWA COUNTY, State of Oklahoma, and Roy Kopp, Earl E. Perry, Hallie Payton, H.H. Merit, Cleo C. Needham, S.D. Goodwin, John F. Armagost, Leonard Angel, Lewis Copp, Everett Barger, Ira L. Greninger, Glen Harp, Leroy Davis, Ralph Cantwell and Mervin Kline, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied July 30, 1958.

Application for Leave to File Second Petition for Rehearing Denied September 9, 1958.

As Corrected September 11, 1958.

Attorney(s) appearing for the Case

Jack Brown, Miami, Looney, Watts, Looney & Nichols, Anna B. Otter, Oklahoma City, for plaintiff in error.

James Reed, County Atty., Robert S. Gee, Asst. County Atty., R.W. Smith and J.J. Smith, Miami, for defendants in error.

CORN, Vice Chief Justice.

When it was learned that the Oklahoma Turnpike Authority was not going to build a grade separation or overpass at the intersection of the turnpike project, and a certain section line county road in Ottawa County, the Board of County Commissioners of Ottawa County, Oklahoma, joined by individual property owners living in the area, brought an action against the Authority seeking a writ of mandamus to force it to build such grade separation...

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