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STATE EX REL. NESBITT v. WESTERN SURETY COMPANY

No. 43173.

494 P.2d 1242 (1972)

STATE of Oklahoma ex rel. Charles NESBITT, Attorney General, Plaintiff in Error, v. WESTERN SURETY COMPANY, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied March 23, 1972.

Attorney(s) appearing for the Case

G.T. Blankenship, Atty. Gen., Reid Robison, Asst. Atty. Gen., for plaintiff in error.

James M. Robinson, of Hanson, Fisher, Tumilty, Peterson & Tompkins, Oklahoma City, for defendant in error.

IRWIN, Justice:

The State of Oklahoma ex rel., Charles Nesbitt, Attorney General, (plaintiff) commenced proceedings against Western Surety Company, (defendant) to recover judgment for breach of the conditions of a surety bond. The trial court sustained defendant's special demurrer to plaintiff's petition for the reason that the petition showed on its face that the action was barred by the one year limitations prescribed...

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