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INDEPENDENT SCH. DIST. NO. 40 v. SARKEYS, INC.

No. 51390.

569 P.2d 1000 (1977)

INDEPENDENT SCHOOL DISTRICT NO. 40, CLEVELAND COUNTY, Oklahoma, for itself and for all other members of that class constituting beneficiaries of the Sarkeys Foundation, Petitioners, v. SARKEYS, INC., an Oklahoma Corporation, Sarkeys Foundation, an Oklahoma charitable Corporation, Sabine Corp., a Louisiana Corporation, Verlan W. Harrell, Bill Edwards, Bobby D. Armstrong, Dan Savage, A.R. McCurley, Emmett M. Charles, and Thomas F. McIntyre, and Elvin J. Brown, District Judge of Cleveland County, Respondents.

Supreme Court of Oklahoma.

Rehearing Denied October 19, 1977.

Attorney(s) appearing for the Case

John R. Couch, Pierce, Couch & Hendrickson, Oklahoma City, Terry G. Shipley, Noble, Philip Warren Redwine, Norman, Rogovin, Stern & Huge, Washington, D.C., for petitioners.

Luttrell, Pendarvis & Rawlinson, Norman, for respondent, Sarkeys Foundation.

Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, and Watson, McKenzie & Moricoli, Oklahoma City, for respondents, Sabine Corp. and Sarkeys, Inc.

Doerner, Stuart, Saunders, Daniel & Langenkamp, Tulsa, for respondent, Verlan Harrell.

James W. Bill Berry, Oklahoma City, for respondent, Thomas F. McIntyre.

Lucas & Cate, Norman, Monnet, Hayes, Bullis & Edwards, Kerr, Davis, Irvine, Krasnow, Rhodes & Semtner, Oklahoma City, Benedum, Benedum & English, Norman, for respondents, Bill Edwards, Bobby D. Armstrong, Dan Savage, A.R. McCurley and Emmett M. Charles.

LAVENDER, Vice Chief Justice:

Petitioner, Independent School District No. 40, Cleveland County (School District), brought suit in the District Court of Cleveland County against Sarkeys Foundation, a charitable trust, and other named corporate entities and individuals (Foundation),1 actual respondents as opposed to trial court against whom the Writ of...

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