BELL v. BURLINGTON NORTHERN RAILROAD CO.

No. 62757.

738 P.2d 949 (1986)

Charles O. BELL, Jr., and Tank Trucks, Inc., Appellees, v. BURLINGTON NORTHERN RAILROAD COMPANY, and Sam Scully, Appellants.

Court of Appeals of Oklahoma, Division No. 4.

Rehearing Denied September 2, 1986.

As Corrected September 9 and October 3, 1987.

Certiorari Denied November 19, 1986.


Attorney(s) appearing for the Case

Michael D. Parks, Stipe, Gossett, Stipe, Harper, Estes, McCune and Parks, McAlester, for appellee Charles O. Bell, Jr.

Richard Gibbon, Gibbon, Gladd and Associates, Tulsa, for appellee Tank Trucks, Inc.

Grey W. Satterfield, Kornfield, Franklin & Phillips, Oklahoma City, for appellant Burlington Northern.


Released for Publication by Order of the Court of Appeals of Oklahoma, Division No. 4.

BRIGHTMIRE, Judge.

Foremost among the issues raised in the defending railroad's appeal from the judgment below is the effect of its ill-fated lunch hour removal of the action to federal court which it sought in an effort to abort and lay waste to a long trial just as argument to the jury was about to commence. Notwithstanding the...

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