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BARNES v. CLARK

No. 38817.

364 P.2d 693 (1961)

Reginald D. BARNES and Kathryn R. Barnes, husband and wife, G.B. Jenkinson and Grace M. Jenkinson, husband and wife, Don W. Grier and Irene L. Grier, husband and wife, Ralph E. Smith and Sue L. Smith, husband and wife, Lester I. Nienhuis and Evelyn R. Nienhuis, husband and wife, Robert L. Ledterman, and the City of Tulsa, a municipal corporation, Plaintiffs in Error, v. Carl A. CLARK and Gertrude S. Clark, husband and wife, and Milton L. Berg and Naomi L. Berg, husband and wife, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied September 13, 1961.

Attorney(s) appearing for the Case

LeRoy Blackstock, Tulsa, for plaintiffs in error.

Wheeler, Wheeler & Wheeler, John M. Wheeler, John Wheeler, Jr., Robert L. Wheeler, J.G. Follens, Tulsa, for defendants in error.

IRWIN, Justice.

Ordinance No. 8096, enacted by the Mayor and Board of Commissioners of the City of Tulsa, vacated a portion of Terwilleger Boulevard in the City of Tulsa, subject, however, to an easement reserved by the City of Tulsa. Clark et al., defendants in error, commenced this action to perpetually restrain and enjoin the defendants, the City of Tulsa and the individual defendants, from enforcing said ordinance and...

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