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MALNAR v. WHITFIELD

No. 57616.

708 P.2d 1093 (1985)

Thomas G. MALNAR, D.D.S. and Karen F. Malnar, Husband and wife; Appellees, v. Gerald B. WHITFIELD, D.D.S. and Lynda Whitfield, husband and wife, Appellants.

Supreme Court of Oklahoma.

October 8, 1985.

Attorney(s) appearing for the Case

Robert G. Green, Tulsa, for appellants.

Richard W. Gable, Kenneth E. Dornblaser, Gable & Gotwals, Tulsa, for appellee State Federal Sav. and Loan Ass'n.

P. Thomas Thornbrugh, Tulsa, for appellees Thomas G. Malner, D.D.S. and Karen F. Malner.

HARGRAVE, Justice.

This is an appeal from a judgment of the District Court of Tulsa County denying the defendant's request to permanently enjoin plaintiff's encroachment on his real property.

A portion of plaintiff Malnar's single story stone building was inadvertently constructed on defendant Whitfield's property. Upon discovery of the encroachment, Malnar instituted legal proceedings against

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