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STATE v. BAILEY

No. 40200.

389 P.2d 98 (1963)

STATE of Oklahoma ex rel. DEPARTMENT OF HIGHWAYS of the State of Oklahoma, Plaintiff in Error, v. Larkin BAILEY, Defendant in Error.

Supreme Court of Oklahoma.

As Corrected November 26, 1963.

Rehearing Denied February 4, 1964.

Attorney(s) appearing for the Case

Max Cook and J.L. Gowdy, Dept. of Highways, Oklahoma City, for plaintiff in error.

John W. Sublett and William B. Jones, Tulsa, for defendant in error.

JOHNSON, Justice.

This was an action begun in the District Court of Tulsa County, Oklahoma, for a mandatory injunction to compel the removal of encroachments upon a tract of land at the intersection of U.S. Highway 169 and U.S. Highway 75 in Tulsa County. At this intersection Highway 169 divides, one part going to the right and one part to the left to connect with No. 75. In this triangular tract between the divided highway is a tract of land containing about 1.19...

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