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EMPIRE CONSTRUCTION, INC. v. CITY OF TULSA

No. 45200.

512 P.2d 119 (1973)

EMPIRE CONSTRUCTION, INC., an Oklahoma corporation, Appellant, v. CITY OF TULSA, Oklahoma, a municipal corporation, Appellee.

Supreme Court of Oklahoma.

Rehearing Denied July 17, 1973.

Attorney(s) appearing for the Case

Houston, Davidson, Jacoby, Sonberg, Main & Nelson, and John E. Robertson, Tulsa, for appellant.

Waldo F. Bales, City Atty., and David Nelson and Samuel C. Stone, Asst. City Attys., Tulsa, for appellee.

Floyd W. Taylor, Gen. Counsel, Okl. Dept. of Highways, Oklahoma City, for amicus curiae, State of Okl., ex rel. Okl. Dept. of Highways.

Roy H. Semtner, Municipal Counselor, and Wm. O. West, Asst. Municipal Counselor, Oklahoma City, for amicus curiae, The City of Oklahoma City, a municipal corporation.

BARNES, Judge.

This appeal arose out of an action by Appellant [plaintiff] against the Appellee [defendant] for alleged damages to plaintiff's property on account of a proposed, but unfulfilled, plan to condemn the property for use in the construction, through the defendant City, of a system of limited access expressways known as the "Master Expressway Plan."

Plaintiff's first alleged cause of action was in the nature...

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