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BOARD OF COUNTY COMM'RS OF ROGERS COUNTY v. COTTINGIM

No. 41741.

448 P.2d 1014 (1969)

BOARD OF COUNTY COMMISSIONERS OF ROGERS COUNTY, State of Oklahoma, Plaintiff in Error, v. James W. COTTINGIM and Dona Cottingim, Defendants in Error.

Supreme Court of Oklahoma.

January 7, 1969.

Attorney(s) appearing for the Case

Bob J. Vinzant, Rogers County Atty., Claremore, for plaintiff in error.

Schuman, Pray & Doyle, Stan P. Doyle, Tulsa, for defendants in error.

IRWIN, Vice Chief Justice.

Defendants in error, herein referred to as plaintiffs, are the equitable owners of a certain described tract of land in Rogers County. A road which has been used by the general public since 1944, meanders across this land and plaintiffs claim the road is a private road and not a public road. Plaintiffs commenced this proceeding against the Board of County Commissioners of Rogers County, to enjoin...

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