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STATE EX REL. ASBILL v. WORLEY

No. 52025.

636 P.2d 335 (1981)

STATE of Oklahoma ex rel. Tommy ASBILL, a Taxpayer, and others similarly situated, Appellants, v. Wren WORLEY, Carl Pettigrew, Owen Buffington, Earl Cole, J.D. Hudgins, John W. Russell, Jr., jointly and severally; Board of County Commissioners of Adair County, Oklahoma; County Excise Board of Adair County, Oklahoma; District Attorney of the 27th District of the State of Oklahoma; and the County Treasurer of Adair County, Oklahoma, Appellees.

Supreme Court of Oklahoma.

October 27, 1981.

Attorney(s) appearing for the Case

David Harris, Stilwell, for appellants.

John W. Russell, Jr., Dist. Atty., Wagoner County, Rex Earl Starr, John Q. Adams, Asst. Dist. Attys., Wagoner, for appellees.

BARNES, Vice Chief Justice:

This case arises on appeal from the order of the District Court of Adair County, issued on February 3, 1978. The District Court's order dismissed Appellants' suit brought under the provisions of 62 O.S. 1971, §§ 372 and 373. These sections deal with taxpayer suits filed to recover money wrongfully spent by government officials.

On April 29, 1975, Wren Worley, who was then a County...

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