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MATTER OF ESTATE OF BURKHART v. WABAUNSEE

No. 51209.

594 P.2d 361 (1979)

In the Matter of the ESTATE of Lillie M. BURKHART, Osage Allottee No. 2185, Deceased. Oklahoma Historical Society and Byron B. Burkhart, Appellants, v. William WABAUNSEE, Fannie Mae Donelson, Jo Louise Goode, Locowana Ingram and Jo Louise Goode, Administratrix of the Estate of James David Morrell, Deceased, Appellees.

Supreme Court of Oklahoma.

Rehearing Denied May 21, 1979.

Attorney(s) appearing for the Case

Jan Eric Cartwright, Atty. Gen. of Oklahoma, by Johnny J. Akins, Asst. Atty. Gen., Oklahoma City, for appellant Oklahoma Historical Soc.

Brewer, Worten & Robinett by Jesse J. Worten, Bartlesville, for appellant Byron B. Burkhart.

Shockley T. Shoemake, Pawhuska, for appellee William Wabaunsee.

Robert P. Kelly, Pawhuska, for appellees Fannie Mae Donelson, Jo Louise Goode, Locowana Ingram and Jo Louise Goode, Admx. of Estate of James David Morrell, Deceased.

OPALA, Justice:

The question before us is whether the Court of Appeals correctly held that an earlier opinion by this Court in Burkhart1 precluded unsuccessful litigants therein from later seeking a new trial by petition pursuant to 12 O.S. 1971 §§ 651(9) and 655 on the grounds of impossibility to secure appellate record.

After their appeal was dismissed in Burkhart...

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