STATE EX REL. DEPARTMENT OF HIGHWAYS v. PATE

No. 49847.

555 P.2d 1040 (1976)

STATE of Oklahoma ex rel. DEPARTMENT OF HIGHWAYS of the State of Oklahoma, Petitioner, v. Honorable Pat PATE, District Judge of LeFlore County, Sixteenth Judicial District, Respondent.

Supreme Court of Oklahoma.

October 19, 1976.


Attorney(s) appearing for the Case

Thomas N. Keltner, Chief Counsel, Dept. of Highways, by Preston L. Pulliam, Oklahoma City, for petitioner.

H. Clay Robinson, Fort Smith, Ark., William D. Mobley, Poteau, for respondent.


BERRY, Justice.

Department of Highways, State of Oklahoma [petitioner] requests this Court assume original jurisdiction and prohibit trial court from granting Tri-State Speedway, Inc., [Tri-State] jury trial in action below.

Petitioner filed condemnation proceeding on April 18, 1974. Tillman E. Evans and Marilyn R. Evans, record owners of property on that date, were only named defendants.

The record indicates...

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