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POAFPYBITTY v. SKELLY OIL COMPANY

No. 40777.

394 P.2d 515 (1964)

Frank POAFPYBITTY, Carl Poafpybitty, Thompson Poafpybitty, Louise Poafpybitty and Laverne Aitson, Plaintiffs in Error, v. SKELLY OIL COMPANY, a corporation, Defendant in Error.

Supreme Court of Oklahoma.

July 7, 1964.

Attorney(s) appearing for the Case

Charles Hill Johns, and Houston Bus Hill, Oklahoma City, for plaintiffs in error, Smith, Johns & Neuffer, of counsel.

S.W. Wells, Tulsa, and Cantrell, Douglass, Thompson & Wilson, Oklahoma City, for defendant in error.

BERRY, Justice.

In this proceeding in error by case made plaintiff below seeks review of an adverse judgment sustaining defendant's demurrer to the petition and dismissing the action. Defendant moved to dismiss the appeal, urging two grounds:

(1) Plaintiff neglected to comply with the "mandatory" provisions of 12 O.S. Supp. 1963, Sec. 972(c) by his failure to timely procure and attach to the petition in error, or...

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