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OKL. RETAIL GROCERS v. WAL-MART STORES

No. 78-1076.

605 F.2d 1155 (1979)

OKLAHOMA RETAIL GROCERS ASSOCIATION, an Oklahoma Corporation, Plaintiff-Appellant, v. WAL-MART STORES, INCORPORATED, a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided August 21, 1979.

Attorney(s) appearing for the Case

Grover L. Miskovsky, of Miskovsky, Sullivan & Miskovsky, Oklahoma City, Okl. (George Miskovsky, Sr., Carroll E. Gregg and John Paul Johnson, of Miskovsky, Sullivan & Miskovsky, Oklahoma City, Okl., on the brief), for plaintiff-appellant.

Charles W. Shipley, Tulsa, Okl. (James L. Kincaid and S. Robson Walton, Tulsa, Okl., on the brief), for defendant-appellee.

Before McWILLIAMS, DOYLE and McKAY, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The principal question in this appeal is whether the trial court erred in ruling that the plaintiff-appellant, the Oklahoma Retail Grocers Association, was barred from maintaining the suit by the so-called clean hands doctrine, the relief sought having been injunctive in nature. The complaint or petition as it is called in the state court in Oklahoma was originally filed July 16, 1976, in the District Court in the State and County...

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