OKLAHOMA CITY v. CASTLEBERRY

No. 41200.

413 P.2d 556 (1966)

OKLAHOMA CITY, a Municipal Corporation, Plaintiff in Error, v. Guy CASTLEBERRY and Nadine Castleberry, Defendants in Error.

Supreme Court of Oklahoma.

April 5, 1966.


Attorney(s) appearing for the Case

Roy H. Semtner, Municipal Counselor, and Jake L. Riley and Charles E. Halley, Asst. Municipal Counselors, Oklahoma City, for plaintiff in error.

Ben Huey, Norman, for defendants in error.


HALLEY, Chief Justice.

There is involved here the correctness of an order of the trial court vacating certain proceedings entered in a condemnation action by default upon the defendants failing to appear. Parties will be referred to as they appeared in the trial court.

Plaintiff, a municipal corporation, on September 24, 1963, filed an action seeking to condemn for use in connection with its waterworks system certain lands owned by the defendants. On the same...

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