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SADE v. NORTHERN NATURAL GAS COMPANY

No. 73-1972.

501 F.2d 1003 (1974)

Aubrey Tinsley SADE, Plaintiff-Appellant, v. NORTHERN NATURAL GAS COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 23, 1974.

Attorney(s) appearing for the Case

Gary Duckworth, Oklahoma City, Okl. (Lampkin, Wolfe, Burger, Abel, McCaffrey & Norman, Oklahoma City, Okl., on the brief), for plaintiff-appellant.

Richard W. Fowler, Oklahoma City, Okl. (F. Vinson Roach and T. N. Wright, Omaha, Neb., on the brief), for defendant-appellee.

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

The issue here to be resolved is whether the trial court erred in refusing to award prejudgment interest in an action for fraud and deceit. Resolution of the controversy turns on the meaning of an Oklahoma statute. The statute involved, 12 Okl.St.Ann. § 727, provides as follows:

"* * *. "(2) When a verdict for damages by reason of personal injuries is accepted by the trial court, the court in rendering judgment...

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