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COOK v. OKLAHOMA BD. OF PUBLIC AFFAIRS

Nos. 59824, 59850.

736 P.2d 140 (1987)

James John "Jack" COOK d/b/a C & C Development Company, Appellee/Cross-Appellant, Plaintiff, v. OKLAHOMA BOARD OF PUBLIC AFFAIRS and Oklahoma Department of Wildlife Conservation, Appellants/Cross-Appellees, Defendants, and Poe & Associates of Kansas, Inc. and Robert C. Poe, Appellants/Cross-Appellees, Defendants.

Supreme Court of Oklahoma.

March 31, 1987.

Attorney(s) appearing for the Case

Michael C. Turpen, Atty. Gen., Neal Leader, Asst. Atty. Gen., Deputy Chief, Civ. Div., Lynn Barnett, Asst. Atty. Gen., Oklahoma City, for appellants/cross-appellees, defendants Oklahoma Bd. of Public Affairs and Oklahoma Dept. of Wildlife Conservation.

Hugh A. Baysinger, Messrs. Pierce, Couch, Hendrickson, Johnston & Baysinger, Oklahoma City, for appellants/cross-appellees, defendants Poe & Associates of Kansas, Inc. and Robert C. Poe.

Robert H. Mitchell, Ernest J. Istook, Jr., Oklahoma City, for appellee/cross-appellant, plaintiff James John "Jack" Cook d/b/a C & C Development Co.

OPALA, Justice.

Eight issues are presented for decision: [1] Does the Oklahoma Board of Public Affairs and the Oklahoma Department of Wildlife Conservation [State] owe a duty to disclose a subsurface condition to bidders on a construction project when its contract contains a clause that expressly disallows additional payment or extensions of time for completion of work if the contractor fails to acquaint himself with all...

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