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EDWARDS PETRO, INC. v. MIDLAND MORTG. CO.

No. 53568.

646 P.2d 1313 (1982)

EDWARDS PETRO, INC. (Formerly Edwards & Gauntt Oil Co.), an Oklahoma corporation, Appellant, v. MIDLAND MORTGAGE CO., an Oklahoma corporation; Midland Advisory Co., an Oklahoma corporation; State Farm Life Insurance Company, an Illinois corporation, Appellees.

Court of Appeals of Oklahoma, Division No. 2.

Rehearing Denied May 5, 1982.

Certiorari Denied June 22, 1982.

Released for Publication June 25, 1982.

Attorney(s) appearing for the Case

Jack T. Crabtree, Buck & Crabtree, Oklahoma City, for appellant.

Micheal L. Darrah, Procter, Fleming & Speck, Oklahoma City, for appellees.

Released for Publication by Order of the Court of Appeals June 25, 1982.

BRIGHTMIRE, Judge.

Do material issues of fact exist for jury resolution which preclude a summary adjudication? The trial judge held there were none. We find there are and reverse.

I

The orientational facts are that plaintiff, Edwards Petro, Inc., operated a Skelly Oil Company truck stop in Oklahoma City, Oklahoma. The state condemned its property for expressway purposes...

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