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BERT SMITH MACH. CO. v. BOARD OF HASKELL CO. COMM'RS

Nos. 42852, 42868.

486 P.2d 639 (1971)

BERT SMITH ROAD MACHINERY CO., Inc., a Corporation, Plaintiff in Error, v. BOARD OF COUNTY COMMISSIONERS, COUNTY OF HASKELL, State of Oklahoma, Defendant in Error. HERD EQUIPMENT COMPANY, a Corporation, Plaintiff in Error, v. BOARD OF COUNTY COMMISSIONERS, COUNTY OF HASKELL, State of Oklahoma, Defendant in Error.

Supreme Court of Oklahoma.

May 25, 1971.

Attorney(s) appearing for the Case

McKeever, Glasser, McKeever & Conrad, by Douglas McKeever, Enid, John F. Hudson, Stigler, for plaintiff in error, Bert Smith Road Machinery Co., Inc.

Smith, Smith & Cook, by Gomer Smith, Jr., Oklahoma City, John F. Hudson, Stigler, for plaintiff in error, Herd Equipment Co.

James B. Martin, Dist. Atty., Don Roberts, Asst. Dist. Atty., for defendant in error.

IRWIN, Justice:

Plaintiffs in error in both cases have filed almost identical briefs. Identical issues are presented and a determination of either case would be dispositive of the other. The cases have been consolidated and the facts in only one case will be set forth.

In Case No. 42,868, Herd Equipment Company obtained a judgment on May 20, 1964, against the Board of County Commissioners of Haskell County for merchandise...

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