STATE, DEPARTMENT OF HIGHWAYS v. O'DEA

No. 47872.

555 P.2d 587 (1976)

STATE of Oklahoma ex rel. DEPARTMENT OF HIGHWAYS of the State of Oklahoma, Appellant, v. O'DEA et al., Appellees.

Supreme Court of Oklahoma.

October 12, 1976.


Attorney(s) appearing for the Case

Thomas N. Keltner, Chief, Legal Div., Oklahoma City, State of Oklahoma ex rel. Department of Highways of The State of Oklahoma, for appellant.

Vester Songer, James Bounds, Hugo, for appellees.


DOOLIN, Justice:

The question presented for decision is: does the district court have authority in a condemnation proceeding to order dismissal with or without prejudice after the state has taken possession and the award of commissioners has been distributed to the owners? The trial court of Choctaw County has not attempted to dismiss the state's action with prejudice in the instant case but without prejudice. However, we...

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