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STATE EX REL. DEPARTMENT OF HIGHWAYS v. McKNIGHT

No. 43537.

496 P.2d 775 (1972)

STATE of Oklahoma ex rel. DEPARTMENT OF HIGHWAYS of the State of Oklahoma, Plaintiff in Error, v. Hal B. McKNIGHT, an individual d/b/a McKnight Construction Company, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied May 16, 1972.

Attorney(s) appearing for the Case

Floyd W. Taylor, John Paul Walters, Oklahoma City, Oklahoma Dept. of Highways, for plaintiff in error.

Charles R. Nesbitt, Watts, Looney, Nichols & Johnson, by Clyde J. Watts, Oklahoma City, for defendant in error.

G.T. Blankenship, Atty. Gen. of Oklahoma, W. Howard O'Bryan, Jr., Asst. Atty. Gen., for amicus curiae, The State of Oklahoma.

Alpheus Varner, Poteau, Harrell Followell, Dist. Atty., Poteau, for amicus curiae, The Board of County Commissioners of the County of LeFlore.

LAVENDER, Justice:

This appeal arises in an action in the District Court of Oklahoma County in which the defendant in error, Hal B. McKnight, an individual doing business as McKnight Construction Company, as plaintiff, sought a money judgment against LeFlore County, Oklahoma (properly designated therein, pursuant to 19 O.S. 1961 § 4, as the Board of County Commissioners of LeFlore County, Oklahoma), J. Paul Mathies,...

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