No. 54652.

648 P.2d 51 (1982)

Robert R. WRIGHT and Jacqueline S. Wright, Appellants, v. Don CIES d/b/a Don Cies Co., Richard F. Krenek, Mrs. Richard Krenek, Mrs. Beverly Lafferrandre, J. Ronald Wilhite, Mrs. J. Ronald Wilhite, John Doe Nos. 1, 2, 3, 4, and 5, Appellees.

Court of Appeals of Oklahoma, Division No. 2.

Rehearing Denied March 19, 1982.

Certiorari Denied July 13, 1982.

Released for Publication July 16, 1982.

Attorney(s) appearing for the Case

Benjamin E. Stockwell, Gregory W. Albert, Norman, for appellants.

Edward L. Ray, Gary Mullins, Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Gary C. Rawlinson, Luttrell, Pendarvis & Rawlinson, Norman, for appellee Don Cies d/b/a Don Cies Co.

Philip Warren Redwine, Norman, for appellees Richard F. Krenek and Mrs. Richard F. Krenek.

Elvin J. Brown, Brown & Flagler, Norman, for appellees J. Ronald Wilhite and Mrs. J. Ronald Wilhite.

Released for Publication by Order of the Court of Appeals July 16, 1982.


Was the trial court correct in concluding that the issues created by the pleadings either disappeared after or were resolved by the taking of some depositions and the pursuit of other means of discovery? We hold he was not and that material issues of fact exist for jury resolution.


The significant background facts are these. In 1971, plaintiffs...

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