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CITY OF CHANDLER v. FARLEY

No. 38535.

338 P.2d 885 (1959)

CITY OF CHANDLER, Oklahoma, a Municipal Corporation, Plaintiff in Error, v. Clark T. FARLEY, Clark T. FARLEY, as Ancillary Executor of the Will and Estate of Anna Farley, Deceased, Fay Hansen and Paul B. Johnson, et al., Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied April 28, 1959.

Attorney(s) appearing for the Case

C.C. Curry, Walter G. Wilson, Chandler, for plaintiff in error.

P.D. Erwin, Chandler, J.T. Criswell, Prague, for defendants in error.

WILLIAMS, Vice Chief Justice.

On August 2, 1955, plaintiff in error municipal corporation, hereinafter called plaintiff, filed its petition in the trial court seeking by virtue of its right of eminent domain to acquire title, for reservoir purposes in connection with its city water works system and plant, to 40 acres of defendants' lands, except all of the oil, gas and other mineral rights lying in and under such lands. Commissioners...

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