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O'LAUGHLIN v. CITY OF FORT GIBSON

Nos. 40824, 40858.

389 P.2d 506 (1964)

James O'LAUGHLIN, Plaintiff in Error, v. CITY OF FORT GIBSON, Oklahoma, Defendant in Error. Flossie THOMPSON et al., in person, and for all persons similarly situated, Plaintiffs in Error, v. CITY OF FORT GIBSON, Oklahoma, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied February 21, 1964.

Attorney(s) appearing for the Case

Michael E. Kelly, Muskogee, for plaintiff in error, James O'Laughlin.

Julian B. Fite, A. Carl Robinson, Hardy Summers, Muskogee, for other plaintiffs in error.

Luton, Lunn, Ferguson & Hudson, Muskogee, Hirsch & Harkin, Oklahoma City, for defendant in error.

JACKSON, Justice.

These cases concern the same subject matter and issues and have been consolidated by agreement for hearing in this court. We will refer to the parties as they appeared in the trial court.

Plaintiffs alleged in their petition that they all live on lands adjacent to or in close proximity to a rural lot upon which the city of Fort Gibson proposes to construct a "lagoon type" sewage disposal unit. They...

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