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STATE EX REL. POLLUTION CONTROL CO. v. KERR McGEE CORP.

No. 46946.

532 P.2d 1386 (1975)

The STATE of Oklahoma ex rel. the POLLUTION CONTROL CO., Appellant, v. KERR McGEE CORPORATION, a corporation, et al., Appellees.

Supreme Court of Oklahoma.

Rehearing Denied April 1, 1975.

Attorney(s) appearing for the Case

Larry Derryberry, Atty. Gen. by Allen Harris, Asst. Atty. Gen., and William Gorden, Jr., Legal Intern, for appellant.

Rucker, Tabor, McBride & Hopkins, Tulsa, Kerr, Davis, Irvine, Burbage & Green, Inc. by Francis S. Irvine, Oklahoma City, for appellee, Kerr-McGee Corp.

Campbell & Campbell, Tulsa, Fitzgerald, Houston & Worthington by Clee Fitzgerald, Stillwater, for appellee, Midland Cooperative, Inc.

HODGES, Justice.

The Pollution Control Coordinating Board (Board) contends that the District Court erred when it sustained the general and special demurrers of Kerr-McGee Corporation (Kerr-McGee), Midland Cooperative Inc. (Midland) and Cushing Tank Car Company, Inc. (Cushing) in its pre-trial order.

The Board brought an action against Kerr-McGee, Midland, and Cushing alleging that as the result of their combined...

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