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POINTS v. OKLAHOMA PUB. CO.

No. 54567.

672 P.2d 1146 (1983)

Anthony POINTS, Appellant, v. The OKLAHOMA PUBLISHING COMPANY, a corporation, Appellee.

Supreme Court of Oklahoma.

Rehearing Denied November 15, 1983.

Attorney(s) appearing for the Case

Silas Wolf, Jr., Vieno Lindstrom, Legal Intern, Norman, for appellant.

David Machanic, Michael Minnis, Pierson, Ball & Dowd, Oklahoma City, for appellee.

OPALA, Justice:

This appeal is fraught with a fatal postural defect. It must be dismissed.

The threshold issue to be resolved here is whether the decision from which the appeal is sought to be prosecuted should be regarded as a disposition on the merits of the case or as an involuntary dismissal, under 12 O.S. 1981 § 683(5), "for disobedience by the plaintiff of an order concerning the proceedings in the action...

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