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CITY OF LAWTON v. BARBEE

No. 68376.

782 P.2d 927 (1989)

CITY OF LAWTON, Oklahoma, A Municipal Corporation, Appellee, v. Clyde Eddie BARBEE, aka Eddie Clyde Barbee, Appellant.

Supreme Court of Oklahoma.

November 7, 1989.

Attorney(s) appearing for the Case

Felix A.D. Cruz, Asst. City Atty., Lawton, for appellee.

Taylor C. Stein, Doolin, Cude, South, Cousins & Stein, Lawton, for appellant.

ALMA WILSON, Justice:

The resolution of this case rests on a single issue, whether a person who is convicted of indirect contempt of court for breach and disobedience of a permanent injunction must be allowed to purge himself of contempt in lieu of incarceration. We hold that 12 O.S. 1981, § 1390 requires that under such circumstances a party must be allowed to purge himself of contempt in lieu of being incarcerated...

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