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CONKIN v. RUTH

No. 48851.

581 P.2d 923 (1976)

Howard L. CONKIN and Juanita Conkin, Appellees, v. Jimmie RUTH, d/b/a Jimmie Ruth Oil Company and Johnson Construction Company, Appellant.

Court of Appeals of Oklahoma, Division 2.

Rehearing Denied December 23, 1976.

Certiorari Denied June 19, 1978.

Released for Publication June 22, 1978.

Attorney(s) appearing for the Case

John D. Boydston, Boydston & Burnham, Eufaula, for appellees.

R. Richard Hutton, Woodliff & Hutton, Henryetta, for appellant.

Released for Publication by Order of Court of Appeals June 22, 1978.

BRIGHTMIRE, Judge.

The parties own adjoining tracts of land in McIntosh County, Oklahoma. Plaintiffs Conkin filed this action for damages from defendant Ruth and injunctive relief against the continuance of (a) diversion of surface water flow, (b) a nuisance, and (c) trespassing, which are alleged to have resulted from Ruth's construction of a service...

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