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SUMMEY v. TISDALE

No. 54525.

658 P.2d 464 (1982)

Pauline SUMMEY, Bernice Hodges, and Rayline Hammond, Atoka County Deputy County Clerks; Karen Snead and Debra Blackmon, Atoka County Deputy Court Clerks; Ann Copeland and Lori Hutson, Atoka County Deputy County Assessors; Leonard Harbour, Jake Mayhew and Carl Hutson, Atoka County Deputy Sheriffs; and Doris Barris and Phyllis Marshall, Atoka County Deputy County Treasurers, Appellees, v. Joe TISDALE, Munroe Cochran and Leo Evans, Board of County Commissioners, County of Atoka, State of Oklahoma; and Floyd Mason, Duke Ellis and A.R. Pool, County Excise Board, County of Atoka, State of Oklahoma, if in office, or if not in office, the duly appointed or elected successors thereof, Appellants.

Supreme Court of Oklahoma.

Rehearing Denied March 1, 1983.

Attorney(s) appearing for the Case

Ronald J. Stubblefield, Dist. Atty., 19th Dist., J. Douglas Gabbard II, Asst. Dist. Atty., Atoka, for appellants.

John B. Axton, Conn, Mayhue, Mayhue & Axton, Ada, for appellees.

OPALA, Justice:

The dispositive issues in this appeal are: [1] Were salary recommendations made by a member of the county excise board, during the budget planning stage, sufficient to constitute an "appropriation of funds" for that purpose? [2] Did the county excise board have the discretion to reduce the salary rate proposed by principal county officers for their deputies? and [3] Did the county excise board abuse its discretion...

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