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STATE EX REL. POLLUTION, ETC. v. KERR-McGEE CORP.

No. 50235.

619 P.2d 858 (1980)

The STATE of Oklahoma ex rel. The POLLUTION CONTROL COORDINATING BOARD, Appellee, v. KERR-McGEE CORPORATION, a corporation; Midland Cooperatives, Inc., a corporation and Cushing Tank Car Company, Inc., a corporation, Appellants.

Supreme Court of Oklahoma.

November 4, 1980.

Attorney(s) appearing for the Case

Larry Derryberry, Atty. Gen., of Oklahoma, H. Lee Schmidt, Charles Helm, Asst. Attys. Gen. and Amalija J. Hodgins, Asst. Attys. Gen., of counsel; James R. Barnett and Barbara Rauch, Oklahoma City, for appellee.

B.J. Zimmerman, Oklahoma City, and Kerr, Davis, Irvine, Krasnow, Rhodes & Semtner by Francis S. Irvine, Oklahoma City, for appellant, Kerr-McGee Corp.

Fitzgerald, Houston & Worthington by Clee Fitzgerald, Stillwater, for appellant, Midland Cooperatives, Inc.

Barrow, Gaddis, Griffith & Grimm by William R. Grimm, Tulsa, for appellant, Cushing Tank Car Co., Inc.

DOOLIN, Justice:

In July of 1970, a sizeable number of fish died in the Cimarron River near Cushing, Oklahoma. Rangers visiting several sample points along the Cimarron estimated the number of fish killed at over 160,000. The State of Oklahoma ex rel. Pollution Control Coordinating Board (State) commenced this suit against Kerr-McGee Corporation (Kerr-McGee), Midland Cooperatives, Inc. (Midland) and Cushing Tank Car Company...

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