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FLIPPO v. NELSON

No. 71417.

792 P.2d 99 (1990)

Dorothy Ann FLIPPO, formerly Shannon, Counter-Appellant, v. Barlow J. NELSON and Yandell D. Shannon, as trustees, and Darlene Kay Gelino, Counter-Appellees.

Court of Appeals of Oklahoma, Division No. 4.

May 8, 1990.

Attorney(s) appearing for the Case

Lantz McClain, Sapulpa, for counter-appellant.

Pat Malloy, Malloy & Malloy, Inc., Tulsa, for counter-appellees.

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

BRIGHTMIRE, Chief Judge.

The issue presented for review in this partition action is whether the trial court's in kind allocation of subject land in accordance with the commissioners' final report was clearly unfair and inequitable as to the objecting plaintiff under the evidence.

We hold that it was and modify the final decree.

I

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