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SWART v. CITY OF VINITA

No. 48455.

551 P.2d 1107 (1976)

Ray SWART, natural father and next friend of Elizabeth Ann Swart, and James Wendell Swart, minors, and Ray Swart, Individually, Appellants, v. The CITY OF VINITA, Oklahoma, a Municipal Corporation, Appellee.

Supreme Court of Oklahoma.

June 22, 1976.

Attorney(s) appearing for the Case

Larry D. Stuart, Lyons, Dean & Lollman, Pryor, for appellants.

Ronald E. Fry, Bailey & Fry, Vinita, for appellee.

DAVISON, Justice:

This is an action by plaintiff-appellant, Ray Swart, as natural father and next of friend of Elizabeth Ann Swart and James Wendell Swart, minors and Ray Swart, individually, against the defendant-appellee, The City of Vinita, Oklahoma, a municipal corporation and against the defendants, John Harrison, Louis Harrison and J & R Equipment Company, Inc.

It is alleged that a certain trash bin, owned and used by the defendant City in the collection...

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