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CASUALTY CORPORATION OF AMERICA v. OWENS

No. 55652.

619 P.2d 874 (1980)

CASUALTY CORPORATION OF AMERICA, a corporation, Petitioner, v. Charles L. OWENS, Judge of the District Court of Oklahoma County, Respondent.

Supreme Court of Oklahoma.

November 12, 1980.

Attorney(s) appearing for the Case

Lowell E. Clifton and Lawrence H. McMillin, Oklahoma City, for petitioner.

William C. Abney, Jr. and Don Manners, Manners, Cathcart, Lawter, Abney & Burke, Oklahoma City, for respondent.

MEMORANDUM OPINION

DOOLIN, Justice:

Plaintiff was granted default judgment in cause CJ-73-1333 in the District Court of Oklahoma County for an amount in excess of $200,000.00 against one Edward Lee Smith. Service in the lower court was had under the non-resident motorists statute, 47 O.S. 1971 § 391 et seq. as amended. Plaintiff commenced garnishment proceedings against Smith's insurance carrier, petitioner herein. Insurance carrier moved to dismiss...

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