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HORINEK v. BD. OF COUNTY COM'RS OF KAY COUNTY

No. 57987.

667 P.2d 479 (1983)

Bernard HORINEK, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF KAY COUNTY, Appellee.

Court of Appeals of Oklahoma, Division No. 4.

Released for Publication August 5, 1983.

Attorney(s) appearing for the Case

Walt Brune, Boettcher, Leonard & Brune, Ponca City, for appellant.

Sarah J. Rhodes, Abowitz & Welch, Oklahoma City, for appellee.

Released for Publication by Order of Court of Appeals August 5, 1983.

BRIGHTMIRE, Presiding Judge.

This action was brought by a Kay County rancher, Bernard Horinek, to recover damages inflicted on his land and cattle by more than 1,500 gallons of diesel fuel which a county employee is alleged to have negligently allowed to overflow from an underground tank and run across plaintiff's land.

The trial court sustained a demurrer to plaintiff's petition...

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