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ROCK ISLAND OIL COMPANY v. J & E HOT OIL SERVICE

No. 43553.

488 P.2d 1239 (1971)

ROCK ISLAND OIL COMPANY, a Division of Koch Industries, Wichita, Kansas, Plaintiff in Error, v. J & E HOT OIL SERVICE and Hardware Mutual Casualty Company, Defendant in Error.

Supreme Court of Oklahoma.

As Corrected on Denial of Rehearing October 5, 1971.

Attorney(s) appearing for the Case

Alex Cheek and C. Cornett of Cheek, Cheek & Cheek, Oklahoma City, Wilson Wallace, Ardmore, for plaintiff in error.

Fischl, Culp & McMillin, by, Joseph M. Culp, Ardmore, for defendants in error.

Howard K. Berry, Jr., Oklahoma City, amicus curiae for Oklahoma Trial Lawyers Assn.

Elliott C. Fenton, Oklahoma City, amicus curiae for Oklahoma Assn. of Defense Counsel.

IRWIN, Justice.

The issue presented in this appeal concerns the right to join a liability insurance carrier as a party defendant in a tort action against a Class B Motor Carrier, where the motor carrier's permit had been issued pursuant to the provisions of 47 O.S. 1961, § 169, as amended; and the accident forming the basis for the tort action occurred on the premises of the motor carrier.

J & E Hot Oil...

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