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CITY OF HENRYETTA v. RUNYAN

No. 39429.

370 P.2d 565 (1962)

The CITY OF HENRYETTA, Okmulgee County, Oklahoma, a municipal corporation, Plaintiff in Error, v. W. H. RUNYAN and Sallie Runyan, his wife, Defendants in Error.

Supreme Court of Oklahoma.

April 3, 1962.

Attorney(s) appearing for the Case

Ernest W. Smith, Smith & Douglass, Henryetta, for plaintiff in error.

Harry D. Pitchford, Okmulgee, for defendants in error.

JOHNSON, Justice.

This is the sixth appeal to this court involving some phase of the relations between plaintiff and the defendant city.

About 1930 the City of Henryetta erected a dam across Wolf Creek in Okmulgee County to provide a water supply for such city. Below the dam the city had a filtering plant. Periodically, the filters in such plant were cleaned and the sediment discharged below the plant into the creek bed.

In 1942, the plaintiff, Runyan...

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