ZIMMERMAN v. NEWPORT

No. 40935.

416 P.2d 622 (1966)

L.W. ZIMMERMAN and Bessie Zimmerman, Plaintiffs in Error, v. Cal NEWPORT, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied May 31, 1966.

Application for Leave to File Second Petition for Rehearing Denied July 26, 1966.


Attorney(s) appearing for the Case

Frank T. McCoy, Robert P. Kelly, Bruce W. Gambill, Pawhuska, for plaintiffs in error.

T.F. Dukes, Hominy, Hamilton, Kane & Kane, Pawhuska, for defendant in error.


BERRY, Justice.

This is an appeal from a judgment granting a permanent injunction. Plaintiff, defendant in error herein, sought an injunction prohibiting defendants, plaintiffs in error herein, from building or attempting to build a fence "* * * approximately 12 feet east of the west side of the 31 foot alley which has been maintained for many years by the City of Hominy, immediately west of

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