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PATTERSON v. SHOFFNER SAND OF OKLAHOMA, INC.

No. 46431.

530 P.2d 580 (1974)

R.E. PATTERSON, Appellant, v. SHOFFNER SAND OF OKLAHOMA, INC., Appellee.

Court of Appeals of Oklahoma, Division 2.

Rehearing Denied June 19, 1974.

Certiorari Denied January 7, 1975.

Released for Publication January 9, 1975.

Attorney(s) appearing for the Case

Robert G. Grove, Oklahoma City, for appellant.

Clyde A. Muchmore, and Robert D. McCutcheon, Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, for appellee.

Released for Publication by the Court of Appeals January 9, 1975.

NEPTUNE, Judge.

This litigation is between two sand companies whose operations take sand from adjoining tracts of land. Both tracts belong to the same owner who in 1964 agreed with plaintiff in writing that plaintiff could take sand from an area between the river and a city sewer easement. In 1969 the owner leased to defendant a tract on the opposite...

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