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STATE EX REL. FALLIS v. MIKE KELLY CONST. CO.

No. 55849.

638 P.2d 455 (1981)

STATE of Oklahoma, ex rel. S.M. FALLIS, Jr., District Attorney, Appellee, v. MIKE KELLY CONSTRUCTION CO., an Oklahoma corporation; Joe Johnston Enterprises, Inc., an Oklahoma corporation; Chi-Chi's Property Management of Tulsa, an Oklahoma Limited Partnership, Appellants.

Supreme Court of Oklahoma.

December 22, 1981.

Attorney(s) appearing for the Case

S.M. Fallis, Jr., Dist. Atty. of Tulsa County and William R. Edmison, Asst. Dist. Atty., Tulsa, for appellee.

C.B. Savage, Morehead, Savage, O'Donnell, McNulty & Cleverdon, Tulsa, for appellants.

IRWIN, Chief Justice:

The District Attorney of Tulsa County (appellee) commenced this action to restrain the operators (appellants)1 of Chi-Chi's Restaurant and Cuco's of Acapulco of Tulsa2 from operating an alleged open saloon in the City of Tulsa. On hearing appellee's application, law enforcement officers testified they had purchased liquor by the drink at appellants' establishment on several occasions....

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