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LLEWELLYN v. SMITH

No. 53282.

593 P.2d 771 (1979)

Bennie LLEWELLYN, Petitioner, v. The Honorable Homer N. SMITH, Respondent.

Supreme Court of Oklahoma.

April 17, 1979.

Attorney(s) appearing for the Case

Gerald E. Durbin, II, Travis & Durbin, Oklahoma City, for petitioner.

E.E. Zamrzla and David W. Edmonds, Foliart, Mills & Neimeyer, Oklahoma City, for respondent.

BARNES, Justice:

Petitioner, in an original proceeding, asked this Court to assume original jurisdiction and prohibit the Respondent Trial Judge, the Honorable Homer N. Smith, from further proceeding in a negligence action brought in the District Court of Oklahoma County, arguing that since the plaintiff has been awarded approximately $19,000.00 in compensation by the State Industrial Court, the plaintiff's negligence action against his employer is improper, as Petitioner...

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