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GOODPASTER v. OKLAHOMA GAS & ELECTRIC COMPANY

Nos. 6693, 6705.

291 F.2d 276 (1961)

Charles GOODPASTER, Appellant, v. OKLAHOMA GAS & ELECTRIC COMPANY, Appellee. John H. BURKE, Appellant, v. OKLAHOMA GAS & ELECTRIC COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

May 13, 1961.

Attorney(s) appearing for the Case

Lewis G. Mosburg, Jr., of Fuller, Smith, Mosburg & Davis, Oklahoma City, Okl. (Daniel G. Gibbens, Oklahoma City, Okl., on the brief), for appellant Charles E. Goodpaster.

Daniel G. Gibbens, Oklahoma City, Okl. (H. L. Johnson, Jr., Oklahoma City, Okl., on the brief), for appellant John H Burke.

Streeter B. Flynn, of Rainey, Flynn & Welch, Oklahoma City, Okl. (Houston W. Reeves, Oklahoma City, Okl., on the brief), for appellee.

Before PICKETT, LEWIS and BREITENSTEIN, Circuit Judges.

PICKETT, Circuit Judge.

The plaintiff, Charles Goodpaster, brought this action to restrain Oklahoma Gas & Electric Company, herein referred to as "O. G. & E.", from erecting poles, for an electric transmission line, upon a utilities easement over lots in a residential development in The Village, Oklahoma. It was alleged that the plaintiff was the owner of certain lots in the Burke Northridge Manor Addition to the Town of The Village, in Oklahoma County, Oklahoma...

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