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FLICK v. CROUCH

No. 41512.

434 P.2d 256 (1967)

Melba Jean FLICK, Administratrix of the Estate of Ray Louis Flick, Deceased, Plaintiff in Error, v. Elmer CROUCH, d/b/a Crouch Welding Service, Paul Watford, d/b/a Paul's Welding Service, Jack Roberts, d/b/a Jack Roberts Welding, Glenn O. Davenport, d/b/a Davenport Welding Service, A.L. McLeary, d/b/a A & M Welding Service, Andy Wright and Alma Wright, a co-partnership under the name of Wright Welding Service, Raymond Miller, d/b/a Raymond Miller Welding, and Douglas Perryman, d/b/a D & H Welding Service, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied October 3, 1967.

Attorney(s) appearing for the Case

Dick Bell, Rinehart & Morrison, Oklahoma City, by Frank Seay, Seminole, for plaintiff in error.

Kenneth N. McKinney, Duke Duvall, Oklahoma City, for defendant Paul Watford, d/b/a Paul's Welding Service.

Erman S. Price, Oklahoma City, for defendant Crouch Welding Service.

Loyd Benefield and Larry Savage, Oklahoma City, for defendant Wright Welding Service.

J.A. O'Toole, Oklahoma City, for defendant Jack Roberts Welding.

Russell Holloway, Oklahoma City, for defendant Raymond Miller Welding.

Fred Black, Oklahoma City, for defendant Davenport Welding Service.

James Ross, Oklahoma City, for defendant D & H Welding Service and A.C. McLeary, d/b/a A & M Welding Service, pro se.

McINERNEY, Justice.

The question for decision is whether the trial court erred when it dismissed the instant action for wrongful death based on its finding that "exclusive jurisdiction over the subject matter of this action is in the State Industrial Court * * *" By this ruling, made after an evidentiary hearing, the trial court disposed of issues raised by defendants' separate pleas to the jurisdiction.

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